DLP Insights

The Ministry of Labour and Welfare State, with note no. 24/2013, provided clarifications about the introduction of the rules of Law 92/2012 (so called “Fornero’s Reform”) to facilitate the early exit of older employees, who are close to the achievement of requirements for the retirement for facilitating the exodus from the companies having surplus staff. The same note explained also the phases of the administrative procedure and the fulfillments of the employer.

The Decree of June 15, 2013 (so called “Decreto Fare”) approved by the Council of Ministers modified the regime of joint and several liability in the work on contract, partially repealing article 35 of the Decree no. 223/2006.

With note no. 5056/2013, INAIL clarified that the employer has to provide to the institute all the information on the risk assessment for allowing the inquiry of the dossiers on occupational illness. In case of lack of communication the administrative sanction of 929.00 Euro, stated by article 19 T.U., is applicable.

The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because the employee has the right to refuse the performances that may cause a detriment of health.

With the publication on “Official Gazette” no. 133/2013 of the Ministerial Decree of March 29, 2013, it was implemented the regulation stated in the paragraph 19, article 2 of the Law 92/2012. The mentioned rule gives the possibility for the beneficiary of the monthly treatment Aspi or mini Aspi to request the payment of the indemnity in a unique solution for financing or developing a new full time self-employment.