DLP Insights

Through sentence no. 37398 of October 17, 2011, the VI Criminal Section of the Court of Cassation stated that the employee who, in order to avoid liberty restriction (incrimination and employment loss), gives false declarations that allow the employer to elude investigations, is not punishable for aiding and abetting.

Should the fixed term employment contract be null and void, the employee is not entitled to obtain the conversion into an open ended employment contract because the nullity of the provision which sets the duration carries away the entire contract.

The Ministry of Labor, with the answer to the question no. 40/2011 of October 26 proposed byConfcommercio and Confartigianato, specified that the work apprenticeship disciplined by art. 4 of the Legislative Decree no. 167/2011 (which came into force on October 25) may be set up for a maximum of 5 years period not only by handicraft companies but also by company of every other sector for technical-professionale activities, also when different National Collective Labor Agreement are applied to the employees.

The law of stability comes to Senate with a new endowment of 835 million Eur in order to fund, for the fourth year of legislature, the tax reduction applicable to the part of salary related to the productivity.

INPS, with note no. 19772/2011, clarified that in the calculation and payment of the days of maternity leave public holidays, Sundays and Saturdays (in the case of short week) falling during holidays, illness or other absences have not to be considered.