DLP Insights

The Legislative Decree definitively approved by the Council of Ministers on September 1, 2011 is in force. The discipline, according to the delegated legislation to the Government provided by Article 54, Law no. 69/2009, provides, through a rationalization and simplification of the special civil rules, that the the most part of the disputes have to be regulated through the three procedure models provided by the civil code of procedure: labor procedure, short procedure and ordinary procedure.

On September 17th, the VAT increase from 20 to 21% stated by the Financial Act came into force. The Ministry of Economic has communicated that Law Decree no. 138 has been sent to the Official Gazette in order to be published on September 16, including the amendment of the commutation law.

INPS, with memorandum No. 116/2011, explained the possibility for gathering, free from charge, the social security contributions credited in more than one social security program, even if the holders have already accrued a pension treatment.

Starting from September 13, 2011 the employer can no longer require to the employee the sending of the health certificate paper copy but he has to examine the mentioned employees’ certificates through INPS’ services only.

The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for “justified subjective reason” offered him (as well as for “just cause”) in order to adapt it to a social context which develops continuously; on the other hand, however, the judge’s evaluation of the future reliability of the employee, on which the decision to deny the lawfulness of the dismissal is based, cannot digress in the employer’s sentence of organizational choices that otherwise he would not have taken