DLP Insights

The Court of Milan, with reference to the legitimacy of a fixed-term contract for substitutive reasons, with sentence no. 5020 of October 25, 2011 clarified that the fixed-term hiring contract for the substitution of an employee in maternity leave is valid also when the absence reasons change (in this particular case, the absence continued for holidays).

Apprentices’ hiring by companies having until 9 employees in force entitles such company to the cut of the social contribution equal to 100%, but the employer has to be in compliance with DURC, the unique document of social security position regularity.

Through sentence no. 37398 of October 17, 2011, the VI Criminal Section of the Court of Cassation stated that the employee who, in order to avoid liberty restriction (incrimination and employment loss), gives false declarations that allow the employer to elude investigations, is not punishable for aiding and abetting.

Should the fixed term employment contract be null and void, the employee is not entitled to obtain the conversion into an open ended employment contract because the nullity of the provision which sets the duration carries away the entire contract.

The Ministry of Labor, with the answer to the question no. 40/2011 of October 26 proposed byConfcommercio and Confartigianato, specified that the work apprenticeship disciplined by art. 4 of the Legislative Decree no. 167/2011 (which came into force on October 25) may be set up for a maximum of 5 years period not only by handicraft companies but also by company of every other sector for technical-professionale activities, also when different National Collective Labor Agreement are applied to the employees.