DLP Insights

Court of Cassation, with sentence no. 10341 of May 11, 2011, stated that indemnity in lieu of unused vacations and weekly rests is not considered as item of salary but compensation for damages.

According to the Justice Committee of the Chamber of Deputies the Legislative Decree which inserts the environmental crimes into the Legislative Decree no. 231/2001 extends excessively the liability of companies for environmental offenses as it would also introduce hypothesis of crime for minimum damage and for danger which would prove no real offensiveness.

Court of Cassation, with the sentence no. 20845/2011, stated that financial straits of the employer may not justify the missed payment of the social security deductions anyhow.

INPS, with message no. 11240/2011, communicated that the “procedural” verifications are initiated in order to exclude the sending of the so called “avvisi di addebito” – provided with a value of execution document since January 1, 2011, under Article 30 of Law by Decree no. 78/2010 (converted with Law no. 122/2010) – when payments have been already made.

Court of Cassation, with sentence no. 6625/2011, stated that the burden of proof regarding the possibility to assign the dismissing employee to duties equivalent or similar to those assigned before, is charged on the employer. Even though it has not to be understood in a strict way, this burden shall not be fulfilled solely with the proof of the proposal to the employee to carry out a self-employment activity, without any real guarantee related to job flow and compensation, in particular if worthier chances have been proposed to other employees.