Insights

The Inps, with message no. 6973/2014, clarified that in case of sickness the doctor's prognosis is binding for both the employee and the employer.

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing.

For the purposes of identification of threshold for hiring with fixed-term contracts, in the case of companies that started the business activity during the year (start-up), the number of open-ended term employees in force at the time of the first employee hired with fixed-term contract has to be taken into account.

Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was not exceeded.

INPS, with note no. 100 of September 2, 2014, provided for the instructions for payment to the new residual solidarity Fund (introduced through DM 79141/2014). The payments are due by companies – to which redundancy fund is not applicable – with more than 15 employees.

Court of Cassation, joined sections, judgment no. 18353 issued on August 27, 2014, stated that the waiver of reinstatement on the workplace (as a consequence of an unlawful dismissal), replaced by the indemnity in lieu (payment of 15 monthly installments), entails the final termination of the employment relationship;

The reform of the fixed-term contract by the Law Decree 34/2014 requires the compliance with the threshold provided by the collective agreement. In lack of collective provisions, the threshold is equal to 20% of the employees hired with open ended contract, with provision of a transient period expiring on December 31. Such period is granted to employers in order to comply with the said limit in 2014.

Court of Cassation, judgment no. 18046 of August 20, 2014, confirmed the case-law guideline based on which irregular staff leasing is subject to the sanction introduced by Law 183/2010: if the work relationship turns into an undetermined contract as a consequence of an irregular staff leasing, the worker is entitled to damages ranging from 2,5 and 12 monthly installments of the last overall compensation.