Insights

The Ministry of Labour, in answer to question no. 33/2013 made by the National Council of Labour Consultants, pointed out that when a "cause impediment" (referred to in table A attached to Ministerial Decree of October 24, 2007) the DURC (“Unique Document of Contribution Regularity”) is not released from the assessment date of the violation.

Court of Cassation, with sentence no. 25730 of November 15, 2013, stated that production bonus represents a supplementary element of the salary which cannot be considered as company custom.

Inail, with note n. 52 of October 23, provided the framework of the rules for the accidents “in itinere” occurred to the employee during missions, in the hotel room and during travelling from the hotel to the work place.

Court of Cassation, with sentence no. 2639 of November 26, 2013, stated that the dismissal of an employee that set up a program to download music and movies for free in the company laptop is unlawful.

The text of the inter-ministerial decree on the new parameters for the granting of Special Redundancy Fund (so called “Cassa Integrazione Guadagni in deroga”), which will be presented this afternoon by Welfare Secretary Carlo Dell'Aringa to the work commission of the state-region-autonomous provinces Conference, provides for the maximum duration of the intervention of 12 months in two years "mobile", and not "yearly", and the coverage of income support for 2014 across the Solidarity Funds supported by the contributions of employers and employees.

Court of Cassation, with sentence no. 26143 filed on November 21, stated that the recording of colleagues’ conversations, unknown to them, is a reason justifying dismissal, though the recording was aimed at proving “mobbing”.

The Ministry of Labour, with the ruling no. 32/2013 to Confimi’s question, summarized the legal framework for the agents in respect to Enasarco compulsory registration, stating that, in compliance with EU regulation, the agent who performs his/her activity abroad for a duration not exceeding 24 months, has to be enrolled in Enasarco register.

The Court of Cassation, with sentence no. 24259 of October 28, stated that the outsourcing of the most qualified activities of a service, in case of employee’s refusal to be seconded to the external company or to perform a different task corresponding to his/her job position, is able to legitimize the dismissal if alternative positions suitable for him/her in the same company do not exist.