DLP Insights

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.

Tiziano Treu and Maurizio Castro of Labour Commission announce that the provision on disciplinary dismissals, as provided in the labour law reform (Article 14, Paragraph 4), will be amended, coming back to the previous version.

With Decree March 14, 2012, published on Official Journal no. 83/2012, the Ministry of Labour has estended until the end of 2012 the extraordinary playoff intervention (CIGS) and “mobilità”, within the limit of 45 million Euros, for companies of the Commercial Sector with more than 50 employees, turism operators with more than 50 employees and vigilance companies with more than 15 employees.

Message no. 7/2012 of “Fondazione studi dei consulenti del lavoro”, which provides an analysis of the contracts in the light of the labour law reform, underlines that, with reference to damages in the case of conversion of fixed term contracts into open ended ones, only one indemnity is due, from 2,5 up to 12 months of the last salary.

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.