DLP Insights

Ministry of Labor, with the note no. 5of January 21, 2013, provides with some clarifications concerning apprenticeship in the light of the amendments set by Law no. 92/2012.

The Ministry of Labour has published the memorandum No. 3/2012 in which it has been clarified the new provision of Article 1, paragraph 40, of Law No. 92/2012, which modified Article 7 of Law No. 604/1966. The Ministry has clarified that dismissals due to maximum period of sickness overcoming are not included in the mandatory conciliation procedure.

For the Ministry of Labor the new settlement procedure introduced by the art. 7 Law 64/1966 can also concern further issues, beyond the specific one regarding the dismissal.

The Court of Cassation, with decision No. 106/2012, has stated that the employee, actually sick, cannot be dismissed only because he did not send the certificate in time, reducing the gravity of employee’s default.

Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful, but the consequence is just the indemnity for damages in favor of the terminated employee (and not the reinstatement), if the suppression of the job position is effective.