Insights

Court of Cassation, with judgment no. 9226/2014, specified that once the agent disregarded the exclusivity of the area assigned he/she is not entitled to claim the payment of commissions regarding bargains concluded by the company - directly or through other agents - in such area.

Court of Cassation, with judgment no. 9180 of April 23, 2014, moving away from a previous case law guidance (judgments no. 49/1997 and no. 6923/1996), stated that amounts paid by the employer are not exempted from social security contributions just because paid in compliance with a settlement agreement.

The Ministry of Labour, with the note no. 9761/2014, provided for the guidelines for inspections in the companies admitted to restructuring and reorganization programs (Special Redundancy Fund, so called “CIGS”).

The Law Decree 34/2014, in examination by the standing parliamentary commission, will be voted from Tuesday, April 22.

With INPS message 4152/14, published on April 17, 2014, the Institute clarified that the rule providing recover of the ASPI additional contribution (1,4%, set for the employer who converts fixed-term employment contracts in indeterminate ones) is applicable also to employees hired with an apprenticeship contract after a previous fixed-term contract.

Brescia Court of Appeal, with judgment of April 3, 2014, stated the nullity of the clause regarding the term when exceeding the 15% percentage threshold set in the mail offices sector by art. 2, par. 1-bis, of the Legislative Decree no. 368/2001.

Yesterday the European Commission proposed a new EU platform in order to fight against irregular work. This platform will bring together officials of labor inspectorates, tax authorities and bodies responsible for managing migration flows.

The second stage of the so called “Job Act” regards the amendment of the social security “cushion”. Among these ones, the bill, pending of the approval of the Government, provides for amendments on requirements and duration of the redundancy fund.