Insights

Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.

The General Directorate for Inspection Activities of the Ministry of Labour and Welfare State, with the note of December 27, 2013, provided clarification on the application of the new administrative penalties provided by the Law Decree no. 145/2013 (so-called “Destination Italy”), in force since December 24, 2013.

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.

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.

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.

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.

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.

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.