DLP Insights

The new unemployment benefits (NASPI), which will be introduced with one of the implementation decreases of the Jobs Act still being discussed, would be due to all employees who involuntarily lose their job (with the exception of those hired by public administrations and farm workers), including cases of dismissal for just cause, as well as cases of consensual termination for a dismissal procedure for objective justified reason.

The 30 December 2014 agreement to renew the CCNL Dirigenti Industria, valid from 1 January 2015 to 31 December 2018, has lowered the substitute notice compensation and the supplementary compensation for cases of unjustified dismissal of managers.

The Ministry of Labour and Social Policies, with response to the request for a ruling no. 1/2015 submitted by the National Council of employment consultants and Trade Union of employment consultants, clarified that for cases of dismissal for objective justified reason, by a temporary employment agency, with at least 5 employees hired with long-term contract in the same province and working under a public contract for temporary services for 36 months, the individual dismissal laws will be applicable and not layoff laws.

On 24 December the Government passed the new law on contracts with protection measures increasing with seniority which will be applicable to newly hired employees as of 2015.

With its ruling no. 4 of 5 January 2015, the Cassation Court established that a flat rate compensation paid as overtime must be considered as an integral part of fixed remuneration (as individual superminimo wage supplement) if it concretely possesses the characteristics of stable remuneration recurring over time, regardless of the formal qualification assigned by the employer.