Insights

INAIL, with note No. 1100/2012, specified that the facilitated system introduced by the Legislative Decree No. 167/2011 (so called “Consolidated Act on Apprenticeship”) for the hiring of employees enrolled in the lists of mobility with apprenticeship is not applicable to the insurance rates, but only for social security contribution purposes.

Court of Appeal of Rome, with sentence no. 267/2012, stated that employees who obtain the conversion of a fixed-term contract into an open-ended term contract are entitled to two kind of damages: indemnity in lieu of notice period set by the so called “Collegato Lavoro” and a further damage, i.e. an amount equal to the salary the employee would have accrued from the date of the filing of the judicial appeal to that of the sentence.

INAIL, with note No. 434/2012, specified that the apprenticeship contract is lawful even in case of written agreement lack, as long as the employment relationship has been communicated to the competent authority (so called “Centro per l’Impiego”) trough the mandatory communication so called “UniLav”.

Court of Cassation, criminal section, with sentence no. 5420/2012, stated that the missed drafting of the document concerning the risks assessment, so called “DUVRI - Documento unico di valutazione dei rischi”, with the related missed risks assessment arisen from work interferences between the employees of the principal and those ones of the contractor, is a circumstance which entails liabilities itself, in the case of injury.

INPS, with memorandum No. 21/2012, brought up to date the minimum daily salary amount limits as well as the other values related to all social security contributions to comply with, in the first useful monthly installments, by the employers who are required to send to the relevant Institutes the several declarations concerning the social security contribution.

The Court of Cassation, with sentence No. 1462 of December 20th, 2011, has stated that the damages compensation which has to be paid to the employee, in the case of reintegration in the workplace as a result of unfair dismissal, has to include not only the period between the date of dismissal and the retirement but also the subsequent periods.

With the note no. 141/2011, Italian social security Institute (so called “INPS”) run the temporary period to pass to the on-line modality for the application to obtain the ordinary layoff.

The Court of Padova, labour section, with sentence of January 17th, 2012, stated that the supply worker’s behavior who does not challenge the contract promptly and accepts further work supply contracts is considered a tacit consent of the termination of the previous supply relationship.