DLP Insights

The rules for challenging a dismissal changed: the suspension established by the Law Decree no. 255/2010, so called “Milleproroghe”, which postponed the coming into force of the deadline introduced by art. 32 of the so called “Collegato Lavoro”.

The Ministry of Labour has replied to the interpellation No. 49/2011 of the National Council of Labour Consultants on the method used for the computation of the 36 months in order to benefit the total social security contributive reduction provided for by Article 8, paragraph 9, of Law No. 407/90 (in favor of companies operating in the South of Italy for the hiring of recruit unemployed and redundant employees from at least 24 months), specifying that the benefit is due from the day of actual employment of the employee.

Court of Cassation, with sentence no. 38927 of October 27, 2011, has stated that the employer who, with the purpose to gain the benefit of the ordinary or extraordinary layoff, has not revealed the existence of several orders involving significant amounts which evasion would allow the ordinary activity of the company without suspending the retributive obligation and the consequently fallout of the costs on the collectivity, commits the crime of aggravated fraud (art. 640-bis of the Italian Criminal Code).

The Parliament published in the Official Gazette No. 300 of December 27, 2011, the Law of December 22nd, 2011, No. 214, of conversion into law of the Law Decree of December 6, 2011, No. 201, concerning “Urgent provisions for growth, equity and public accounts consolidation”.

The Council of Ministers, in its meeting of December 23, 2011, approved the Law Decree so-called “Milleproroghe”, with which some certain deadlines – whose postponement is absolutely necessary in order to assure efficiency and effectiveness of the administrative action and of structures appointed to essential functions - were extended.