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23 juillet 2010 • Insights

Keeping the same employment status carried out during the apprenticeship is needed to maintain the social security contribution’s facilities (Court of Cassation, Labour Section, no. 15055/2010)

The Court of Cassation pointed out that the Company which changes the employment status of the apprentice employee immediately after the advanced conversion of its apprenticeship agreement into an open-term employment agreement, will not be entitled to enjoy the social security contribution’s facilities (i.e. one year of facilitated social security contribution), provided by law in such a case.

23 juillet 2010 • Insights

Legislative Decree no. 231/01: modifications by AREL

The agency for research and legislation “AREL” proposed several amendments to Legislative Decree no. 231/01 concerning the Company administrative responsibility.

2 juillet 2010 • Insights

Court of Cassation: administrative offences and applicable law

The Court of Cassation, with sentence n. 12596/2010, pointed out that in case of administrative sanctions imposed by the Inspective Labour Department (so called “Ispettorato del Lavoro”) for not registered employment relationships, the application of legality and non-retroactivity principles as well as the prohibition of analogical application of law requires the subjection of the unlawful behaviour to the law discipline applicable at the moment on which the offence took place;

2 juillet 2010 • Insights

Wages linked to productivity gains: the government grant is confirmed

Article 2, paragraph 156, of the 2010 Financial Bill confirmed for year 2011 the possibility to apply the tax substituting the personal income tax (so called “IRPEF”) and the additional municipal tax in the limit of 10% (introduced by Law n. 126/2008) on those wages linked to productivity, quality, earning capacity or to results concerning the economic trend of the company.

8 juin 2010 • Insights

Court of Cassation: disciplinary code is not necessary for serious breaches

The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has ....

8 juin 2010 • Insights

The Decree-Law on financial act has been published

The Decree 31 May 2010, No. 78, has been published in the Italian Official Gazette. With this act the government has adopted the financial act for 2011 and 2012 of 24.9 billion Euro.

26 mai 2010 • Insights

Criminal liability of the Employer in case of risk value’s omission about the use of a flat that he gave to an employee (Court of Cassation, IV Penal Section, no. 4939/2010)

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

26 mai 2010 • Insights

The accident during the lunch break is not indemnifiable (Court of Cassation, Labour Section no 11150/2010)

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

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