Insights

The Ministry of Labour, with note No. 12728/2012, has postponed, up to a date to be determined, the possibility to send by fax or email the communications regarding the job on call contracts to the Local Authorities called “Direzioni Territoriali del Lavoro”.

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment.

The so called “Pacchetto Semplificazioni” - drafted by the Government and under the exam of the next Council of Ministers – provides a reduction of the working ability (46% rather than the current 60%) as a consequence of an accident or illness at work requested to the employee in order to be included in the number of disabled employees who have to be mandatorily hired (Law No. 68/99).

The procedure for the regularization of the non-EU employees - which began on September 15, 2012 - needs many explanations yet.

The Sixth Section of the Supreme Court, with sentence No. 34505, clarified that both the interdicted measures and the real ones provided for by the Legislative Decree No. 231/2001 (in particular, the confiscation provided for by Article 53 of the mentioned Decree) are “intended to anticipate the application of major and mandatory sanctions, which are subjected to the verification of the liability of the company”.

The Supreme Court, with ordinance No. 14861 of September 5, 2012, has confirmed that the notification of the verification notice of the Italian Revenue Agency by mail has to be proved through the acknowledgment receipt of the registered letter, since it is not sufficient a specific certification of the postal service.

The deadline for delivering the request for excluding the application of the pension reform approved by the Decree so called “Salva Italia” (Law Decree No. 201/2011, converted into Law No. 214/2011) to the territorial Authority of the Ministry of Labour (so called “DTL”) is November 21, 2012.

The Ministry of Labour, in the note no. 12065/2012 has clarified that not to show the employment documents is just an obstacle and not an impediment for the vigilance activity and for this reason such behavior can be sanctioned according to Law no. 638/1983 with an administrative (and not criminal) sanction ranging between Euro 1,290.00 and 12,910.00 and with arrest up to two months or with a fine up to Euro 516.