DLP Insights

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.

The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the dismissals ordered before the date of entry into force of Law No. 92/2012 (so called “Fornero Reform”), i.e. before July 18, 2012, although the litigation started after that date.

The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee.