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10 août 2012 • Insights

MINISTRY OF LABOUR: THE EMPLOYEES TEMPORARILY LAID OFF DO NOT ANYMORE HAVE TO INFORM INPS ABOUT THEIR RE-OCCUPATION (Italia Oggi, August 7, 2012, page 28).

The Ministry of Labour, with formal response to the question No. 19/2012, has stated that employees temporarily laid off are no longer required to inform INPS about their re-occupation, since the communication obligation is accomplished by the employer by the online transmission of the hiring form so called “UniLav” (“mandatory communication”).

3 août 2012 • Insights

THE LABOUR MARKET REFORM: CLARIFICATIONS ON APPRENTICESHIP (Il Sole 24 Ore, August 2, 2012, page 20)

The Ministry of Labour, with formal response to the question No. 21/2012, has confirmed that the hiring in apprenticeship of persons enrolled in the lists of mobility (i.e., lists where employees subject to collective dismissal procedures are registered) can be entered into regardless of the employee’s age.

3 août 2012 • Insights

THE LACK OF COMMUNICATION OF THE JOB ON CALL WILL NOT BE AUTOMATICALLY SANCTIONED (Il Sole 24 Ore, August 3, 2012, page 26)

The Ministry of Labour, with regulation no. 20/2012, has stated that until the decree on the simplification of the job on call relationship communication is not issued, the inspector will provide a sanction in the case of unlawfulness of the employment only.

3 août 2012 • Insights

RESIGNATION: RATIFICATION IS POSSIBLE ALSO BEFORE THE TRADE UNIONS (Il Sole 24 Ore, August 3, 2012, page 16)

Voluntary resignation can be ratified also by the trade unions, as provided by the agreement signed with Confindustria, which implements Article 4, paragraph 17 fo the recent labor reform (so called “Riforma Fornero”).

27 juillet 2012 • Insights

Court of Cassation: the employee may refuse to execute the working activity if the transfer measure is not motivated (Il Sole 24 Ore, July 23, 2012, page 30)

The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated.

27 juillet 2012 • Insights

FORM 770: THE DECREE OF THE COUNCIL OF MINISTERS’ PRESIDENT WHICH PROVIDES THE RELEVANT PRESENTATION POSTPONEMENT TO 20 SEPTEMBER HAS BEEN SIGNED (Il Sole 24 Ore, July 27, 2012, page 19)

On July 26, 2012 a Decree of the Council of Ministers’ President which postpones the deadline for the presentation of the form 770 from 31 July to 20 September 2012 has been signed, but not yet published in the Official Gazette.

20 juillet 2012 • Insights

INPS: INSTRUCTIONS FOR THE SOCIAL SECURITY CONTRIBUTION REDUCTION ON PRODUCTION BONUSES (Italia Oggi, July 20, 2012, page 31)

On July 19, 2012 INPS, with message No. 12125/2012, stated the instructions and the codes necessary for the enjoyment of the social security contribution reduction due to both companies (25%) and employees (100%) on the production bonuses paid in 2012.

13 juillet 2012 • Insights

Court of Cassation: the dismissal for abolishing of the working position is lawful if it is directed to a more efficient business management (Il Sole 24 Ore, July 10, 2012, page 19)

The Court of Cassation, with sentence No. 11465/2012, stated the principle based on which a company, which needs to obtain a more efficient management in order to face an economic downturn, may dismiss an employee for “justified grounds” (so called “giustificato motivo”).

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