Insights

Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure.

Within June 25, 2011 the employers have to send a communication to the local labour Authority (“Direzione Provinciale del Lavoro”) competent for the area and to the relevant social security institutions for the admission of the employees assigned to repetitive jobs to the pension benefits (Article 5, paragraph 2 of Legislative Decree No. 67/2011).

Court of Cassation, with sentence no. 22334/2011, stated that de facto administrator of a company is liable for breach of rules regarding work safety but solely in the circumstances of proof of interference in managing the company.

On June 9, 2011 the final version of the Legislative Decree - realization of one delegation of the so called “Collegato Lavoro” (Law no. 183/2010) - which aims to simplify and reorganize the provisions concerning the regulations of leaves for employees of public and private sectors, was approved by the Council of Ministers.

Court of Cassation, with sentence no. 10341 of May 11, 2011, stated that indemnity in lieu of unused vacations and weekly rests is not considered as item of salary but compensation for damages.

According to the Justice Committee of the Chamber of Deputies the Legislative Decree which inserts the environmental crimes into the Legislative Decree no. 231/2001 extends excessively the liability of companies for environmental offenses as it would also introduce hypothesis of crime for minimum damage and for danger which would prove no real offensiveness.

Court of Cassation, with the sentence no. 20845/2011, stated that financial straits of the employer may not justify the missed payment of the social security deductions anyhow.

INPS, with message no. 11240/2011, communicated that the “procedural” verifications are initiated in order to exclude the sending of the so called “avvisi di addebito” – provided with a value of execution document since January 1, 2011, under Article 30 of Law by Decree no. 78/2010 (converted with Law no. 122/2010) – when payments have been already made.