DLP Insights

Disable persons not hired by the company are granted with damages for the period between the commencement day ad the actual first working day.

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing.

For the purposes of identification of threshold for hiring with fixed-term contracts, in the case of companies that started the business activity during the year (start-up), the number of open-ended term employees in force at the time of the first employee hired with fixed-term contract has to be taken into account.

Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was not exceeded.

INPS, with note no. 100 of September 2, 2014, provided for the instructions for payment to the new residual solidarity Fund (introduced through DM 79141/2014). The payments are due by companies – to which redundancy fund is not applicable – with more than 15 employees.