DLP Insights

INPS, with note no. 19772/2011, clarified that in the calculation and payment of the days of maternity leave public holidays, Sundays and Saturdays (in the case of short week) falling during holidays, illness or other absences have not to be considered.

On October 10th, 2011, the Legislative Decree No. 167/2011 (“Consolidated act of apprenticeship”), after more than two months from the approval by the Council of Ministers, was published into the Official Gazette.

The Law on the apprenticeship (Legislative Decree no. 167/11) punishes in administrative way the lack of written form of the apprenticeship contract.

INAIL (National Institute for Insurance against Accidents at Work), with memorandum No. 6295/2011, specified that the promoter of vocational trainings still has the formal obligation provided for by Article 3, paragraph 1, of the Ministerial Decree No. 142/1998 (enforcing Article 18 of Law No. 196/1997), which provides the obligation to insure trainees against accidents at work at INAIL, as well as for civil liability towards third party at an appropriate insurance company.

Court of Cassation, with order no. 19119/2011, stated that, with reference to the damage, the proof of the amount paid shall be provided through the income tax return or, related to the past profits, the proof by witnesses on the activity performed, pointing out circumstances which could justify the assumption based on which the lack of income is due to extraordinary and temporary conditions.