DLP Insights

The Labor Ministry, in the consultation no. 9/2012, answers to the national committee of the labor consultants specifying that, in case of company transfer, in the calculation of the length of the employment relationship (which is essential requirement to benefit from safety valves), it is taken into account the seniority accrued within the company in which the employee works.

The art. 2, par. 5 bis, of the Fiscal Decree no. 16/2012, replaces the par. 28 of the art. 35 of the Law Decree no. 223/2006, extending also to the employer the jointly liability between contractor and subcontractors with reference to the payments to the Treasury of the income tax (so called “Irpef”) withholdings on the subordinate employment and of the VAT due on the performances of the contract work.

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.