DLP Insights

Law no. 9/2012 (so called “Fornero Law”) extends to father employees, from January 1, 2013, one day leave compulsory (more two days as optional) for the birth of the son/daughter which can be enjoyed within the first five months of the latter.

The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled to their monetization even if the national collective agreement refers only to the enjoyment of the holidays and not to the indemnity in lieu (the latter, in fact, is an inalienable right guaranteed by the Constitution).

The Ministry of Labour, with note No. 12886/2012, has specified that the dismissal of an employee due to the exceeding of the grace period for sickness is excluded from the conciliation attempt since it is not a hypothesis of the new case of dismissal for just cause introduced by Law No. 92/2012.

The Ministry of Labour, with note No. 16636/2012, has updated the procedures - announced on August 9, 2012 and in force at an experimental stage - for the communications which have to be delivered by the companies for the execution of the job on call employees working activity.

On December 20, 2012 INAIL will publish the announcement concerning INAIL incentives for safety. The 2012 announcement allocates EUR 225 million, 78 of which to be transferred to the regions of Veneto, Lombardia and Emilia Romagna for seismic events, and others EUR 9 million for the financing of organizational models.