Insights

The Commission for the questions related to the safety on work, in the note no. 8/2013, specified that prior medical examination required by the Legislative Decree no. 81/2008 for the suitability assessment of the employee to the specific duty is valid for one year only

Court of Cassation, with sentence no. 20913 of September 12, 2013, stated that technical, organizational and productive reasons justifying the transfer of the employee must be described in detail and must not be generic.

INPS, with message 16961 of October 22, provided some clarifications about the special indemnity granted to project employees (so called “co.co.pro.”) by Fornero Reform.

Court of Cassation, with sentence no. 21922 of September 25, 2013, rejected the appeal of a company against the decision of the Court of Appeal which stated that employee’s behavior who claimed her new duties must be assigned in writing is lawful.

The last version of the Stability Decree, issued by the Government on October 16, confirms the change of the Article 2, paragraph 30, of Fornero Reform on “company’s benefit” for the transformation of fixed term contracts, by deleting the words “within the limits of the last six months”.

The Ministry of Labour, with note n. 31/0005426 of October 4, provided answers to some questions on the minimum period of time between two fixed term contracts.

Income revenue authority, with note no. 49/E/2013, stated that expenses reimbursement paid to self-employees have not be taxed as different incomes if the performance is free.

Court of cassation, with sentence of September 30, 2013, no. 22321, stated that the ten-year blameless behavior and the will of refunding the damage caused to the employer save the employee who pockets the reimbursement of a trip never done from the dismissal.