DLP Insights

With its ruling no. 6150 of 13 July 2015, the Court of Milan clarified that if the relative contract contains a penalty preserving employment for the fact claimed against an employee, dismissal of such employee is considered illegal, with his consequent right to be reinstated in his job (in addition to payment for damages).

With its ruling no. 5076 of 13 March 2015, the Cassation Court en banc session confirmed that in terms of social security contributions, the additional sums due by the taxpayer for omitted or late payment of contributions or insurance premiums, are part of the category of civil penalties.

With its ruling no. 16472 of 5 August 2015, the Cassation Court clarified that, in the presence of repeated absences from work due to illness, the employer cannot dismiss a worker for poor performance.

As of 25 June 2015, the date when the Law on overhaul of contracts became effective, it is no longer possible to stipulate project-related contracts, while contracts currently in progress will remain in place until their natural expiration. Thus the spotlight has returned to long term consultant contracts “without a project”.

The Government has targeted improvement of employment of parents and has decided to do so by allowing greater flexibility in the use of parental leave.