Insights

Nowadays the stipulation of fixed term contracts in order to start up a new entrepreneurial activity is simpler if the employer is a innovative start-up company. The Development Decree 2.0, converted in the Law no. 221 of December 17, 2012, states that for the innovative start-up does not apply the clause regarding reasons justifying the fixed term contracts, i.e. the “technical, productive, organizational and replacing reasons” that other companies have to apply in the case of fixed term hiring.

Court of Cassation, with sentence no. 1693 of January 24, stated that the subordinate employee’s refusal of carrying out his work performance (e.g. in the case he/she is assigned to lower duties) can be lawful and, therefore, make unlawful the dismissal based on the principle of “self-protection” in the equivalent performances contract, if the refusal is balanced to the unlawful behavior of the employer and in compliance with the principle of good faith.

INPS, with message No. 2939/2013, has stated that the 30-day period established by Article 9 of Law No. 164/1975 for the petition of the refusing decisions concerning the Ordinary Redundancy Fund delivered by the provincial commissions is not peremptory.

The Decree of the Labor Ministry dated December 22, 2012, published on the Official Gazette no. 37 of February 13, 2013, provides for the so called “bonus baby” for the mother workers.

The provisions of Article 4 of Law n. 92/2012 (so called Fornero’s Reform) have become effective with the publication in the Official Gazette of the Decree of the Ministry of Labour dated December 22, 2012. Therefore, in order to dedicate time to newborn baby’s needs, employees who have become fathers starting from January 1, 2013 must mandatory be absent from work for one day (apart from mother’s status), and optionally (as well as alternately to mother’s absence), for another two days.

Court of Cassation, with sentence no. 1148/2013, stated that the maximum threshold of indemnity equal to 12 monthly wages, set by Law no. 183/2010 (so called “Collegato Lavoro”), in case the fixed term employment contract is converted in an open ended one, applies also in case of conversion of the temporary work (therefore, staff supply).

The Ministry of Labor has informed that employers who have to hire or transfer Italian employees (or EU employees resident in Italy) for working activities in non-EU countries are required to apply for the relevant authorization from the Ministry of Labour itself.

INPS, with memorandum No. 14/2013, updated the new economic treatments provided for the social security cushions due to redundancy fund, mobility, unemployment (so called “ASpI”) and allowance for socially useful workers for 2013.