DLP Insights

On June 28, 2011, CGIL, CISL and UIL signed an agreement that states that if a company agreement is approved by the majority of the Unitary Trade Union Representatives (so called “RSU”), or of the Company Trade Union Representatives (so called “RSA”), the relevant provisions are effective for all the employees and are binding for all the trade unions which signed the agreement.

Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an employee of the superior duties regarding the mentioned job places – each one for a period shorter than that one referred to in art. 2103 of Italian Civil Code - assumes to be caused by real organizational need, aimed to maintain the interruptive effect of the revocation of the superior duties’ assignment.

The Ministry of Labour, with memorandum no. 15/2011, explained the formalities for the fulfillment of the communication obligation introduced by Legislative Decree no. 67/2011, which has regulated the benefit of early retirement for employees assigned to arduous and heavy jobs.

Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure.

Within June 25, 2011 the employers have to send a communication to the local labour Authority (“Direzione Provinciale del Lavoro”) competent for the area and to the relevant social security institutions for the admission of the employees assigned to repetitive jobs to the pension benefits (Article 5, paragraph 2 of Legislative Decree No. 67/2011).