Insights

The Ministry of Labour has saved the Sole Document of Social Security Contribution Regularity (so-called “DURC”) from the “decertification” introduced by Article 15 of Law No. 183/2011.

The permanent conference for the relationship between State, Regions and independent provincial district of Trento and Bolzano, on December 21, 2011, entered into two agreements between the Ministry of Labor, Ministry of Health, Regions and independent provincial district of Trento and Bolzano concerning the training of employees on prevention and protection from risks at work places including:

In connection with the modifications introduced by Law No. 183/2011 (so-called “Stability Act 2012”) to the Consolidated Act of the law and regulation provisions regarding the administrative documentation (Presidential Decree No. 445/2000) in order to allow a complete «decertification» in relations between the public administration and the private,

The Ministry of Labour has replied to the interpellation No. 49/2011 of the National Council of Labour Consultants on the method used for the computation of the 36 months in order to benefit the total social security contributive reduction provided for by Article 8, paragraph 9, of Law No. 407/90 (in favor of companies operating in the South of Italy for the hiring of recruit unemployed and redundant employees from at least 24 months), specifying that the benefit is due from the day of actual employment of the employee.

The rules for challenging a dismissal changed: the suspension established by the Law Decree no. 255/2010, so called “Milleproroghe”, which postponed the coming into force of the deadline introduced by art. 32 of the so called “Collegato Lavoro”.

Court of Cassation, with sentence no. 38927 of October 27, 2011, has stated that the employer who, with the purpose to gain the benefit of the ordinary or extraordinary layoff, has not revealed the existence of several orders involving significant amounts which evasion would allow the ordinary activity of the company without suspending the retributive obligation and the consequently fallout of the costs on the collectivity, commits the crime of aggravated fraud (art. 640-bis of the Italian Criminal Code).

The Parliament published in the Official Gazette No. 300 of December 27, 2011, the Law of December 22nd, 2011, No. 214, of conversion into law of the Law Decree of December 6, 2011, No. 201, concerning “Urgent provisions for growth, equity and public accounts consolidation”.

The Council of Ministers, in its meeting of December 23, 2011, approved the Law Decree so-called “Milleproroghe”, with which some certain deadlines – whose postponement is absolutely necessary in order to assure efficiency and effectiveness of the administrative action and of structures appointed to essential functions - were extended.