Insights

Law Decree no. 57 of 12th May 2012, issued on the Official Gazette no. 111/2012, confirmed the validity for further 6 months of the simplified procedures regarding the assessment of the risks for the companies which staffed with up to 10 employees.

Court of Cassation, with the decree no. 6721 of 4th May 2012, as opposed to the previous case-law orientation stated from the United Sections of the Supreme Court, specified that, in order to challenge the collection notice issued on a measure notified by mistake, it is necessary to trigger a formal claim challenging the both deeds.

The Labor Ministry, with the note no. 5509/2012, intervened in the conflict against work for which no earnings are declared (so called “black work”) - whom discipline has been recently modified by the Law no. 83/2010 - specifying that the spontaneous complaint of the employment relationship may avoid the related sanctions.

The Supreme Court, with the sentence no. 6588 of 30th April 2012, stated that the invalidity pensions may be converted to retirements only if there are the relevant requirements.

The bill concerning the labor market reform has been approved by the financial committee.

The Labor Ministry, in the consultation no. 9/2012, answers to the national committee of the labor consultants specifying that, in case of company transfer, in the calculation of the length of the employment relationship (which is essential requirement to benefit from safety valves), it is taken into account the seniority accrued within the company in which the employee works.

The art. 2, par. 5 bis, of the Fiscal Decree no. 16/2012, replaces the par. 28 of the art. 35 of the Law Decree no. 223/2006, extending also to the employer the jointly liability between contractor and subcontractors with reference to the payments to the Treasury of the income tax (so called “Irpef”) withholdings on the subordinate employment and of the VAT due on the performances of the contract work.

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.