Insights

Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the claim object or to the lack of specification of facts and de jure reasons, the precise individuation of the plaintiff’s claim through the assess of the claim, which is carried out by the judge, has to be impossible so that the defendant would not be able to perform an adequate defense.

The Law Decree so called “Milleproroghe” is effective.

Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative Decree no. 276/2003.

With Law Decree no. 5/2011, the Italian Council of Ministry confirmed that next 17th March 2011 shall be a national holiday, for the 150th years from Italy Unity.

Memorandum no. 3 of Minister of Labor and Italian Revenue Agency established that the tax reduced rate (10%), applicable up to 6,000 Euro salary, is levied to the employees of the private sector who do not earn more than 40,000 Euro gross in 2010 and for the part of the salary connected with productivity increases.

With the approval by the Senate of the Law Decree “Milleproroghe”, deadlines for dismissal challenges are postponed.

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship, in order to legitimate the measure.

The labor consultants and the professional associations (among which “AIDP”) agree on the proposal for the interested companies of suspending the reduced taxation levied on the amounts paid for overtime, night and shift work and related to productivity increases. The mentioned proposal is suggested though the fiscal incentive introduced by Law Decree no. 93/08 has been extended by Law no. 220/10 (so called “Legge di stabilità”).