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1 avril 2011 • Insights

Court of Vicenza: staff leasing with wide reason

Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden.

1 avril 2011 • Insights

“COLLEGATO LAVORO”: NOTICE TO PAY FOR THE REDUCED SANCTIONS

The Ministry of Labour, with memorandum No. 10/2011, gave a broad interpretation of the provisions of the so called “Collegato Lavoro” (Law No. 183/2010) concerning the sanctions application.

25 mars 2011 • Insights

LABOR: THE NEW EXPIRY DATE FOR THE VALIDATION OF THE WORKING MOTHER RESIGNATION BECAME EFFECTIVE

On March 22, 2011 the Decree of the President of the Ministers’ Council (D.P.C.M.) n. 275/2010 became effective. The mentioned decree carried into effect the provision of Article 2, paragraph 3, Law no. 241/1990, related to the duration of the administrative proceedings of the Ministry of Labor not exceeding ninety days.

25 mars 2011 • Insights

CERTIFICATION OF CONTRACTS: “SHIELD” ANTI-CHECK

Certification of employment contracts may help to prevent litigation on labour issues only when it is used in a way coherent with its own aims, clearly set in the Law Decree no. 276/2003.

18 mars 2011 • Insights

Court of Cassation: registered letter is useless for untraceable contributors

Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the communication on the local notice board.

18 mars 2011 • Insights

FAVOURABLE TAXATION EQUAL TO 10% FOR PRODUCTIVITY BONUSES

Confindustria and Cgil, Cisl and Uil – according to the agreement dated March 8th on the guidelines that can be applied at a local level by companies enrolled in Confindustria – are setting local agreements which are the assumption for the enforcement of the favourable taxation equal to 10% on wage elements linked to competitiveness and productivity.

11 mars 2011 • Insights

TAX RELIEF: FRAMEWORK AGREEMENT FOR THE PRODUCTIVITY

On March 8, 2011, Confindustria, Cgil, Cisl and Uil signed, as implementation of memorandum no. 3 of Ministry of Labor and Italian Revenue Agency, the basic text of the guidelines necessary for the second level union agreements (territorial or company ones) on which the tax reduced rate equal to 10%, applicable to the parts of the salary connected with productivity increases, depends.

11 mars 2011 • Insights

INPS CONSULTING: THE COLLABORATOR MAY PAY CONTRIBUTIONS

The Ministry of Labour, answering to the consulting no. 12/2011, has clarified that, in case of a free-lance contract on project basis stipulated with a self-employee who is not resident, the parties may agree in order that the payment of contributions be realized by the collaborator and not by the contractor.

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