DLP Insights

Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though in our legislation a prohibition to work during this period, also in favor of a third party, does not exist. In fact, the possible dismissal is lawful when the behavior of the employee is in breach of the general rules of correctness and good faith and to the contractual obligations of diligence and faithfulness.

As of November 25, 2012, the employers will have to communicate to the competent Labour Authority (so called “Centro per l’impiego”) the prosecution of the duration of the fixed-term employment contracts signed according to Article 5 Legislative Decree No. 368/2001 and subsequent amendments, through the online procedure, currently in use, regarding the mandatory communication “Unilav”. This obligation is established by the Ministerial Decree provided for by the law for the reform of the labor market, published in the Official Gazette No. 251/2012.

Constitutional Court stated the constitutional unlawfulness, due to an excess of legislative delegation, of the part of Legislative Decree no. 28/2010 concerning the compulsoriness of the mediation.

The Ministry of Labour, with response to questioning No. 32/2012, has clarified that the periods of supply work have not to be considered in the maximum duration, equal to 36 months, provided for the fixed-term employment contract after the exceeding of the maximum duration itself.

Ministry of Employment, with note no. 18273 of October 12, 2012, specified that communications on the termination of the employment relationship have to be sent to the so called “Centro per l’impiego” within 5 days starting from the resolution regardless from the circumstance that the dismissal is effective from the start date of the new settlement procedure, set in the Law no. 92/2012 (so called “Fornero reform”).