Insights

The deadline for creating and adapting the bilateral solidarity funds, that in the ratio of Fornero Reform should safeguard the coverage of the ordinary layoff procedure (CIG) in all the sectors where it is not provided, is set on July 18, 2013.

The Ministry of Labour and Welfare State, with note no. 15/2013, has explained that the right of benefiting of the tax reduction for performance incomes in the measure of 10% (requirements of which have been set by the Decree of Prime Minister no. 75 published on the “Official Gazette” on March 29) takes effect from the date of the individual or territorial agreements undersigned. So it’s not necessary the registration at the Territorial Department (or Direction) of Labour in charge.

On March 29, the Decree of the Prime Minister, approved on January 22, was published on the “Official Gazette”.

On March 20, the Ministry of Labor signed the decree that enforces for the “disadvantaged employees” the possibility of entering into a temporary supply contract without technical, productive, organizational and substitutive needs, necessary for a term provision.

Amending the rules of individual dismissals, “Fornero Reform” extended the terms for challenging out of Court the fixed term contract in the case of unlawful term provision (Law no. 92/2012 amended Article 32 of Law no. 183/2010).

An employee, after his/her dismissal in 2013, can register for VAT number to exercise an autonomous activity applying the system of the “super-minimum”.

Nowadays the stipulation of fixed term contracts in order to start up a new entrepreneurial activity is simpler if the employer is a innovative start-up company. The Development Decree 2.0, converted in the Law no. 221 of December 17, 2012, states that for the innovative start-up does not apply the clause regarding reasons justifying the fixed term contracts, i.e. the “technical, productive, organizational and replacing reasons” that other companies have to apply in the case of fixed term hiring.

INPS, with message No. 2939/2013, has stated that the 30-day period established by Article 9 of Law No. 164/1975 for the petition of the refusing decisions concerning the Ordinary Redundancy Fund delivered by the provincial commissions is not peremptory.