Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

The inter-ministerial Decree of December 23, 2013, has updated, for 2014, the conventional salary of employees working in those countries which are not member of European Union, with which Italy did not enter into social security agreements or with which “partial” agreements are in force. The conventional salary has been increased of 1,5% on average.

Categories: Legislation

INPS, with note n. 175/2013, provided for the employment bonuses for unemployed workers. The employer who hires with an open term contract unemployed employees who are benefiting of the Social Insurance for Employment (so called “Aspi”), is entitled to 50% of Aspi that would still be granted to the abovementioned employees.

Categories: Legislation

In case of injury at work, according to art. 299 of the Legislative Decree 81/2008, the position of guarantee assigned to the employer is taken by the one who concretely executes the juridical powers of the employer.

Categories: Case Law

Court of Cassation, with sentence no. 28311/2013, stated that the difference in assessing the professional skills of the employee by the employer must not come to the denial of an economic incentive without a suitable justification.

Categories: Legislation

The Ministry of Labour, with note no. 16522 of 12 December 2013, provided briefings on online procedures for the communications by employers who have to hire employees with disabilities.

Categories: Case Law

Court of Cassation, with sentence no. 26398 of November 26, 2013, stated that the company who allows employee to skip rest shifts is not obliged to refund the biological damage if this was not proved.

Categories: Legislation

The Ministry of Labour, in answer to question no. 33/2013 made by the National Council of Labour Consultants, pointed out that when a "cause impediment" (referred to in table A attached to Ministerial Decree of October 24, 2007) the DURC (“Unique Document of Contribution Regularity”) is not released from the assessment date of the violation.

Categories: Case Law

Court of Cassation, with sentence no. 25730 of November 15, 2013, stated that production bonus represents a supplementary element of the salary which cannot be considered as company custom.