Insights

Art. 8, par. 2-ter, of the Decree called “Milleproroghe” no. 150/2013, approved by the Chamber of Deputies, in the stage of law conversion, provides for that also for the current year the workers who are receiving any kind of unemployment insurances can be employed with the type of so called “accessory work”, provided that the salary is not higher than EUR 3,000 during the solar year, without losing the relevant status and the indemnity paid.

The European Court of Justice, with judgment in Case 596/2012 of February 13, 2014, stated the illegitimacy of the Italian legislation on collective dismissals (Law 223/1991) with reference to the exclusion of executives from the procedure.

The Article 1, paragraph 135 of the Stability Law 2014, provides that - from 1 January 2014 - the employer who requalifies a fixed term employment contract into an open ended one gets back by INPS the additional contribution “Aspi” (the Social Insurance for Employment).

Fines against illegal labor provided for in the Decree called “Destinazione Italia” (Law Decree n. 145/2013).

INPS, with note no. 1653 of January 29, 2014, clarified that employers interested in providing incentives to leave to employees near to retirement, as provided by Fornero Reform, have to submit the relevant request online through the company's electronic file, selecting in the voice "object" the name "Exodus employees near to retirement", also delivering the form SC/77 to the NPS office competent for the social security contributions.

On January 15, 2014, the Minister of Labour and Welfare State, Mr. Enrico Giovannini, and the president of the National Council of the Order of labour consultants, Marina Calderone, signed a memorandum of understanding that will enable the labour consultants to certify the regularity of the companies in matter of contribution and wage.

The General Directorate for Inspection Activities of the Ministry of Labour and Welfare State, with the note of December 27, 2013, provided clarification on the application of the new administrative penalties provided by the Law Decree no. 145/2013 (so-called “Destination Italy”), in force since December 24, 2013.

The inter-ministerial Decree of December 23, 2013, has updated, for 2014, the conventional salary of employees working in those countries which are not member of European Union, with which Italy did not enter into social security agreements or with which “partial” agreements are in force. The conventional salary has been increased of 1,5% on average.