Insights

INAIL, with letter No. 48/2012, has established that the employer has to request the opening of a separate territorial insurance position for the regularized employees through a complaint of variation (if he already has an INAIL company code) or a complaint of registration (if he is not enrolled at INAIL).

The Ministry of Labour, with note No. 12728/2012, has postponed, up to a date to be determined, the possibility to send by fax or email the communications regarding the job on call contracts to the Local Authorities called “Direzioni Territoriali del Lavoro”.

The Court of Cassation, Labour Section, with sentence No. 16460/2012, has granted the paid leave of three days to the father of a disabled son even if the mother is a housewife and the request is related to a period before the coming into effect of the law which provides this possibility.

In case of dismissal declared unlawful damages refund for the dismissed employee has to be adapted to the number of salaries which should have been accrued until the day when the indemnity in lieu of re-hiring has been paid and not until the date when the employee asks for economical refund in place of re-employment.

The so called “Pacchetto Semplificazioni” - drafted by the Government and under the exam of the next Council of Ministers – provides a reduction of the working ability (46% rather than the current 60%) as a consequence of an accident or illness at work requested to the employee in order to be included in the number of disabled employees who have to be mandatorily hired (Law No. 68/99).

The Sixth Section of the Supreme Court, with sentence No. 34505, clarified that both the interdicted measures and the real ones provided for by the Legislative Decree No. 231/2001 (in particular, the confiscation provided for by Article 53 of the mentioned Decree) are “intended to anticipate the application of major and mandatory sanctions, which are subjected to the verification of the liability of the company”.

The procedure for the regularization of the non-EU employees - which began on September 15, 2012 - needs many explanations yet.

The Supreme Court, with ordinance No. 14861 of September 5, 2012, has confirmed that the notification of the verification notice of the Italian Revenue Agency by mail has to be proved through the acknowledgment receipt of the registered letter, since it is not sufficient a specific certification of the postal service.