Insights

Message no. 7/2012 of “Fondazione studi dei consulenti del lavoro”, which provides an analysis of the contracts in the light of the labour law reform, underlines that, with reference to damages in the case of conversion of fixed term contracts into open ended ones, only one indemnity is due, from 2,5 up to 12 months of the last salary.

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.

Government issued the bill concerning labour law reform.

The Council of Ministers approved the bill on the labor market reform.

The obligation to specify the reason (technical, organizational, productive or replacing reasons) to justify the use of a fixed-term contract has been deleted in the bill regarding the labor market reform.

Court of Cassation, with sentence no. 4258/2012, stated that the dismissal of an executive who uses the password of others to enter into the company system is unlawful if that is a normal practice in the office, confirming the decision of the Court of Appeal of Milan.

The main provisions of the labor reform - which will be applied to both the existing contracts and the future ones - will be: (i) in case of dismissal for economic (or objective) reasons, a compensation equal to from 15 up to 27 monthly salaries;

Court of Cassation, third civil section, with sentence no. 3959/12 filed on March 13, 2012, confirmed the validity of the notification sent to the former company registered office, should not the transfer of the registered office in a different province, though remarked on the company certificate issued by the Chamber of Commerce, have been announced also through the deletion of the former registered office from the Register of the Companies.