DLP Insights

With note n. 17122/2013, the Court of Cassation confirmed the statement according to which the dismissal noticed in breach of the formal requirements provided for by Article 2 of Law no. 604/1966 in the employment relationships subjects to obligatory guarantee does not cause the termination of the over mentioned relationship.

The Court of Cassation, with notes no.16493 and 16586 deposited on July 3, specified that the payments by the employer allocated to supplementary retirement fund are not considered in the determination of the TFR and the seniority indemnity, because these treatments have not the nature of wage and are not subject to social security contribution useful for retirement purposes.

The Decree Law no.76, published on the “Official Gazette” 150 of June 28, 2013, provides a set of measures for incentivizing the employment through a contributive relief up to 650 Euro per month, for a year and an half, for companies hiring open ended term employees aged between 18 and 29 years old without regular paid employment for a least six months or without a high school diploma or who live with one or more dependents.

The Decree Law, discussed on June 26 by the Government, aimed at establish an hiring incentive for facilitating employment.

The Ministry of Labour and Welfare State, with note no. 24/2013, provided clarifications about the introduction of the rules of Law 92/2012 (so called “Fornero’s Reform”) to facilitate the early exit of older employees, who are close to the achievement of requirements for the retirement for facilitating the exodus from the companies having surplus staff. The same note explained also the phases of the administrative procedure and the fulfillments of the employer.