DLP Insights

The Legislative Decree on leaves, absences and permits was published in the Official Gazette number 173 on July 27th, 2011. The purpose of the decree, according to its Article 1, is also to “rationalize and simplify the documents to be sent” in order to enjoy leaves from work and, to this end, the maternity leave is made more flexible.

INPS, with message no. 14490/2011, pointed out that the Government had removed the exemption provided for the employers which substitute the Institute in order to pay the sick employee, as in the case of Tertiary sector.

The reformation regarding INPS collection entails the issue of the first charge notices which the companies are receiving in these days.

In the circumstance a person carries out an activity being shareholder and has been appointed as director in a limited company of the commercial sector, it shall take into account which is the predominant activity between those mentioned above and the possible coexistence of different pension scheme on the same subject in order to establish if the registration in the relevant pension scheme is compulsory or not.

INPS, with message no. 14448/2011, provided some clarification on the sentence no. 116/2011 according to which the Constitutional Court declared the female employee right, in case of premature birth and hospitalization of the child, to use the compulsory leave period as of the actual entry of the newborn child in the family. The same right is granted to the father if he uses the leave instead of the mother for death or serious illness of the latter, abandonment of the child by the mother or the father sole custody of the child.