Category
Labour law
Feb
15
2019
PUBLISHED BY Arlati Ghislandi
TAG: ,
Extension and improvement of mandatory leave for e...

INPS clarifies that the mandatory leave to be taken within 5 months from childbirth is applicable also to the adoptive or foster father; previously active instructions and procedures are otherwise confirmed, also for the optional leave of the father.

Sep
27
2018
PUBLISHED BY Arlati Ghislandi
The agreed change in the notice period is legitima...

With sentence no. 19080 of 18 July 2018, the Court of Cassation confirmed its consolidated orientation according to which the parties can establish by mutual agreement a different duration of the notice period with respect to the legal duration or the period set forth in...

Sep
26
2018
PUBLISHED BY Arlati Ghislandi
The criterion for determining severance indemnity ...

With press release of 26 September 2018, the Press Office of the Constitutional Court announced that article 3, paragraph 1 of Leg. Decree no. 23 of 4 March 2015, has been declared unlawful in the part where it determines ‘in a rigid manner the indemnity payable to...

Sep
05
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Issue of the declaration of immediate availability...

The citizen of an EU Member State residing in Italy has the right to issue a declaration of immediate availability to work in order to benefit from the services and active policy measures provided for by law when looking for a job, with the requirement of residence havin...

Aug
27
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Occasional work for stewards: online from 6 September

From 6 September 2018, pursuant to law no. 91/1981, sports companies will be able to manage occasional services for surveillance staff in stadiums using electronic methods.

This was announced by INPS with Message no. 3193 of 24 August 2018, which provided an indi...

Aug
23
2018
PUBLISHED BY Arlati Ghislandi
TAG: PENSION
Print workers: INPS instructions on early retirement

With Circular no. 89 of 1 August 2018, INPS provided clarifications on the early retirement of employees of publishing companies and magazine printing companies, in the light of the amendments introduced by article 1, paragraph 154 of law no. 205 of 27 December 2017.

Aug
22
2018
PUBLISHED BY Arlati Ghislandi
TAG:
New occasional and operational services of the INP...

With notification of 21 Agosto 2018 published on the website, INPS announced the activation of the IT platform for occasional services that will gradually be implemented to ensure compliance with the regulations.

Aug
20
2018
PUBLISHED BY Arlati Ghislandi
TAG: , CONTRACT
Fixed-term work: it is legitimate to continue the ...

With sentence no. 19860 of 26 July 2018, the Court of Cassation rejected a worker’s appeal aimed at transferring a fixed-term employment relationship into a relationship that continues beyond the agreed term.

Aug
08
2018
PUBLISHED BY Arlati Ghislandi
TAG: , CONTRACT
Conversion into Law of the “Dignity Decree”

At the Session of 7 August 2018, the Senate approved the draft law converting Legislative Decree no. 87 of 12 July 2018 (‘Dignity Decree’), which is currently being published in the Official Gazette.

Jul
26
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Unemployment Allowance – The first operative indic...

ANPAL has published the operative indications by which workers can request an unemployment allowance when they are involved in a procedure aimed at implementing extraordinary wage subsidies, due to company reorganisation or crisis for which the complete reabsorption of t...

Jul
24
2018
PUBLISHED BY Arlati Ghislandi
TAG: , sanctions
Penalties for failure to employ a disabled person ...

In the event of a violation of the obligation to employ a disabled person or a person from a protected class, the sanctions are determined on the basis of the laws in force at the time the unlawful act was committed.

Jul
16
2018
PUBLISHED BY Arlati Ghislandi
The new Dignity Decree regulations for fixed-term ...

The Dignity Decree came into force on 14th July 2018, confirming – pending any further appropriate amendments – the legal framework for fixed-term workers contained in the previously circulated versions of the document published in the Gazzetta Ufficiale.

Jul
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , , ,
The new directive concerning the posting of worker...

The European Parliament and the Council have adopted a new directive on the posting of workers to contrast, in a market that is undergoing a full-blown transformation, the social dumping phenomenon that alters the dynamics of the free competition between companies in the...

Jun
26
2018
PUBLISHED BY Arlati Ghislandi
Exercise of the option for substitute allowance in...

The worker has the right to opt for a substitute allowance equal to fifteen months’ salary instead of reintegration into the workplace, even if this has been decided by the judge with no sentence, but with an order as part of the ‘Fornero’ rite.

Jun
22
2018
PUBLISHED BY Arlati Ghislandi
Transfer of the time card to another worker for th...

Disciplinary dismissal for just cause of a worker who gives his time card to another worker for him to record his presence in the workplace is legitimate.

May
31
2018
PUBLISHED BY Arlati Ghislandi
Control of the methods for the use of PCs and the ...

With sentence no. 13266 of 28 May 2018, the Court of Cassation ruled that disciplinary dismissal imposed on a worker was legitimate in the light of conduct in violation of the contractual obligations which was detected by the employer through controls carried out subsequ...

May
18
2018
PUBLISHED BY Arlati Ghislandi
Unlawful transfer and worker’s refusal to work

With sentence no. 11408 of 11 May 2018, the Court of Cassation established, with regard to the transfer of the worker pursuant to article 2103 of the Italian Civil Code, the principle according to which the lack of proven technical, organisational and production reasons ...

May
16
2018
PUBLISHED BY Arlati Ghislandi
Obligation to communicate the contact data of the ...

Regulation no. 679 (GDPR) on the processing of personal data will come into effect on 25 May 2018.

Apr
13
2018
PUBLISHED BY Arlati Ghislandi
TAG: , DISMISSAL
Unlawful dismissal of worker for not preventing a ...

With sentence no. 8407 of 5 April 2018, the Court of Cassation ruled that the dismissal of a worker for failing to prevent another worker from committing a crime against the employer was unlawful, as it did not violate the contractual obligations.

Apr
04
2018
PUBLISHED BY Arlati Ghislandi
TAG:
Network contract: posting and joint employership

With circular no. 7 of 29 March 2018, INL initiated an action to counteract private initiatives that promote recourse to network contracts in order to acquire an illegal economic advantage resulting from the blatant violation of the rules to protect posted and jointly-em...

Apr
03
2018
PUBLISHED BY Arlati Ghislandi
TAG: , email, PRIVACY
Prohibition of massive control and non-selective r...

With provision no. 53 of 1 February 2018, the Guarantor established the prohibition for employers to carry out a massive control on email messages exchanged between workers and to retain such data for an excessive period of time.

Mar
29
2018
PUBLISHED BY Arlati Ghislandi
Dismissal resulting from the incapacity to work

With ruling no. 7065 of 21 March 2018, the Supreme Court specified that an official technical consultancy may be available in legal proceedings in order to verify the incapacity of the worker.

Mar
28
2018
PUBLISHED BY Arlati Ghislandi
CCNL Federmeccanica: guidelines for the Bank of so...

On 26 March 2018 Federmeccanica, Assistal and FIM, FIOM UILM reached an agreement on the criteria governing the operation of the Bank of Solidarity hours.

Mar
27
2018
PUBLISHED BY Arlati Ghislandi
The requirement of specificity in disciplinary dis...

A recent ruling by the Court of Cassation established the principle of law according to which the specificity of a disciplinary dispute should not be verified according to rigid schemes, but rather evaluated taking due account of the context in which the facts took place...

Mar
22
2018
PUBLISHED BY Arlati Ghislandi
TAG: , PRIVACY
Privacy: the decree for implementing the GDPR is b...

At the meeting of 21 March 2018, the Council of Ministers adopted a legislation decree to implement the provisions established by European Regulation no. 679 of 27 April 2016 (GDPR), immediately applicable from 25 May 2018.

Mar
20
2018
PUBLISHED BY Arlati Ghislandi
Contribution exemption, residual in the case of re...

With reference to the three-year contribution exemption granted in accordance with article 1, paragraphs 100 et seq. of the 2018 Budget Law to employers who enter into an employment relationship with an employee under the age of thirty (this limit, for 2018 only, has bee...

Mar
19
2018
PUBLISHED BY Arlati Ghislandi
Unilateral transformation of working time: risks f...

A recent ruling of the Court of Cassation recognised the right of a worker to obtain salary differences resulting from any transformations of full-time employment relationships to part-time relationships that were not formalised by the employer.

Mar
14
2018
PUBLISHED BY Arlati Ghislandi
March 9, 2018 agreement: towards a new collective ...

With the signature of an agreement in March 9, 2018, CONFINDUSTRIA and CGIL, CISL, UIL defined contents and targets of industrial relations and collective bargaining, with three main targets: sharing a coordinated development strategy (focusing on innovation, training an...

Mar
13
2018
PUBLISHED BY Arlati Ghislandi
TAG: , WELFARE, DUTY
Pension funds – obligations connected with “additi...

With circular message no. 1598/2018, the commission for the vigilance on pension funds (COVIP) provided clarifications on the treatment of “additional contribution” due to forms of collectively established pension funds. National collective bargaining can det...

Mar
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , SECURITY
Emergency management plan: obligations for the con...

The Ministry of labor specified, answering some requests upon health and safety regulations within tender contracts (and subcontracts), that the contractor who acts on the customer’s premises is required to:

 stay on top of the specific risks connected...

Mar
07
2018
PUBLISHED BY Arlati Ghislandi
INAIL: application of conventional salaries for 2018

INAIL, with circular message no. 15 of March 6, 2018, provided instructions for the application of conventional salaries for 2018, to be used in the calculation of its insurance premiums, for employees in non-EU countries without social security agreements with Italy.

Mar
02
2018
PUBLISHED BY Arlati Ghislandi
INPS treasury fund and undue payments

INPS, with circular message no. 37 of March 1st, 2018, provided instructions for the treatment of TFR paid to the treasury fund by companies that are not required to said obligation, due to employing less than 50 employees.

Mar
01
2018
PUBLISHED BY Arlati Ghislandi
Bonus and failure to specify business targets

Corte di Cassazione specifies that the burden of proof for the damage due to failure to specify annual targets falls on the employee.

Feb
27
2018
PUBLISHED BY Arlati Ghislandi
TAG: , PENSION
Burdensome work: list updated

The Decree of the Ministry of Labor, with a detailed update of burdensome work activities, has been published on the Official Gazette on February 26, 2018.

Feb
23
2018
PUBLISHED BY Arlati Ghislandi
TAG: ,
Remote control of employees: latest clarification ...

With circular message no. 5 of February 19, the National Labor Inspectorate provides operational instructions for the installation and usage of audio-visual and other forms of remote control, pursuant to art. 4 of Law no. 300/70.

Feb
16
2018
PUBLISHED BY Arlati Ghislandi
Proximity agreements: fiscal treatment of the inde...

With resolution no. 16/E of February 15, 2018, Agenzia delle Entrati provided clarifications on the correct application of taxes on sums paid to employees due to the application of collective proximity agreements (art. 8, Law Decree no. 138/2011).

Feb
12
2018
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Road transport NCBA: operational from January 2018

With a press release of January 31, 2018, signatory trade unions communicate the positive outcome of negotiations on the renewal of the NCBA for road transport of December 3, 2017.

Feb
08
2018
PUBLISHED BY Arlati Ghislandi
TAG: , , LAYOFF, CIGS
CIGS salary integration for companies of strategic...

The Ministry of labor, with circular message no. 2 of February 7th, 2018, provided clarifications for the access to CIGS salary integration due to reorganization or company crisis by companies with a staff of more than 100 employees, in application of new regulations int...

Feb
06
2018
PUBLISHED BY Arlati Ghislandi
“Garanzia giovani” program: incentives for 2018

ANPAL, with decree no. 3 of January 2, 2018, activates – for 2018 – the incentive provided for employers who hire young people who adhere to the “Garanzia Giovani” program.

Jan
17
2018
PUBLISHED BY Arlati Ghislandi
Non-EU workers: the decree of flows for 2018 was p...

The Prime Ministerial Decree of 15 December 2017 concerning the “Transitory Programming of entry flows of non-EU workers in the territory of the State for the year 2018” was published in the Official Gazette no. 12 of 16 January 2018.

Jan
11
2018
PUBLISHED BY Arlati Ghislandi
TAG: , PAY PACKET
Payment of salaries with cash banned from July 1st...

From July 1st, 2018, employers will be forbidden to pay their employees and collaborators with cash, on pain of the application of an administrative fine between € 1,000 and € 5,000.

Jan
05
2018
PUBLISHED BY Arlati Ghislandi
TAG: , , , CIG
New CIGS salary integration for publishing sector

From January 1st, 2018, social safety nets in the publishing sector lose their autonomous nature and are absorbed – in labor law terms – within the general regimen set forth by Legislative Decree no. 148/15 which “acquires” a new art. 25-bis...

Jan
03
2018
PUBLISHED BY Arlati Ghislandi
Budget Law for year 2018

Publication of 2018 Budget Law on the Official Gazette

Jan
02
2018
PUBLISHED BY Arlati Ghislandi
TAG: TAX CUT
Triennial social contribution relief ending in 2018

2018 will mark the end of the triennial social contribution relief for employees hired in 2015.

Dec
04
2017
PUBLISHED BY Arlati Ghislandi
Apprenticeship – basic training for employees with...

The Ministry of Labor provided instructions upon the compulsory nature of attendance to basic training for employees hired with apprenticeship contract from mobility lists or recipients of unemployment treatments

Nov
29
2017
PUBLISHED BY Arlati Ghislandi
Solidarity agreements – clarifications upon the pr...

The Ministry of labor provides clarifications upon its instructions, concerning the reduction of social contribution duties in case of signature of defensive solidarity agreements.

Nov
22
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Payment of salary – cash not allowed

In order to avoid the payment of undeclared salary or for amounts lower than collective minimum wages, the draft law introducing mandatory traceability of salaries paid to employees, collaborators and associates of cooperative companies has passed approval by the Chamber...

Nov
08
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , , HIRING
2018 draft budget law – incentives for new hires

The draft budget law for 2018, aiming towards an increase in occupation, includes measures of social contribution relief for companies which will hire new employees in 2018, with a permanent contract.

Nov
03
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , LAYOFF
Extraordinary social contribution for termination ...

Extraordinary social contribution to be paid by the employer in case of dismissal to become more expensive from 2018: this according to the current budget law draft, currently being discussed at the Senate.

Oct
24
2017
PUBLISHED BY Arlati Ghislandi
Work-life balance: online deposit of agreements no...

Since October 18th, it is possible to electronically deposit collective agreements signed between January 1st, 2017 and December 31st, 2018, promoting measures for the facilitation of work-life balance for employees, with better terms and conditions compared to law or na...

Oct
17
2017
PUBLISHED BY Arlati Ghislandi
The Government introduces 2018 Finance Bill

The Council of Ministers, on October 16th, 2017, has approved the draft law upon 2018 finance bill and the multiannual budget for the 2018-2020 period.

Sep
12
2017
PUBLISHED BY Arlati Ghislandi
Entry quotas for professional training courses and...

The ministerial decree signed on July 24, 2017, determining entry quotas for non-EU subjects for the 2017-19 period, for attending professional training courses or internship periods, has been published on the Official Gazette (issue no. 211/17).

Aug
31
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , INPS
Occasional work: INPS online portal now operational

INPS provides some figures on the operational performance of its online portal for the management of occasional work, as provided by Law Decree no. 50/2017.

Aug
24
2017
PUBLISHED BY Arlati Ghislandi
TAG: BENEFIT
Law for the growth of southern Italy: new labor re...

Law no. 123 of August 3rd, 2017, aimed at the growth of southern Italy, has been published on issue no. 188 of the Official Gazette, on August 12th, 2017.

Aug
18
2017
PUBLISHED BY Arlati Ghislandi
Unsuitability to duties: reinstatement if the dism...

Corte di Cassazione, with judgement no. 20122 of August 17th, 2017, confirmed the unlawfulness of a dismissal caused by the unsuitability to the employee’s duties, declared by the competent physician, providing the employee’s reinstatement into the workplace.

Aug
07
2017
PUBLISHED BY Arlati Ghislandi
Tourism companies: regulation of I and III level a...

Apprenticeship towards a professional qualification and diploma and apprenticeship for high studies and research has been regulated, under the NCBA for companies of the Tourism sector, with an agreement signed on August 1st, 2017.

Jun
19
2017
PUBLISHED BY Arlati Ghislandi
TAG: ,
Occasional work – approval of new regulations

The Senate has finally approved draft law no. 2853, converting Law Decree no. 50/2017 into law, which contemplates – inter alia – the introduction of new regulations on occasional work.

Jun
16
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Extracurricular internships – new guidelines

The permanent committee for relationships between State, Regions and Autonomous Provinces of Trento and Bolzano has reached an agreement on new guidelines upon internships, which update and substitute the previous version of such agreement, signed on January 23rd, 2013.

May
10
2017
PUBLISHED BY Arlati Ghislandi
“Smart working” is now law

Green light for the last outstanding new regulation to be introduced by the Jobs Act.

May
04
2017
PUBLISHED BY Arlati Ghislandi
TAG: LAYOFF, INPS
CIGO: clarifications from INPS

With message n. 1856 of May 3rd, 2017 INPS has provided clarifications upon appraisal and admission to CIGO (ordinary salary integration treatment).

Apr
26
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , , DURC
Tax decree on the Official Gazette – news upon wor...

Legislative Decree no. 50 of April 24th, 2017, upon urgent financial provisions, initiatives for local authorities, intervention upon areas struck by recent earthquakes and measures for development, has been published on issue no. 95 of the Official Gazette, on April 24.

 

Mar
22
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , ,
Fixed-term employment contracts and extensions

Regulations on fixed-term contracts have been subject to relevant revisions and amendments over the course of the last few years, specifically for what concerns extensions.

Mar
17
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Abolition of ancillary work

During the Council of Ministries no. 18 of March 17th, 2017, upon a proposal set forth by the Minister of Labor, a decree aimed at the abolition of ancillary work (AKA “Vouchers”) has been approved.

 

Mar
16
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , ,
Referendums on tender contracts and vouchers (anci...

Presidential Decrees for consultation upon:

- the deletion of regulations stating limits on joint and several liabilities for tender contracts (art. 29, Legislative Decree no. 276/2003);

- the deletion of regulations on ancillary work (vouchers) (art. 48,...

Mar
15
2017
PUBLISHED BY Arlati Ghislandi
Forms for the fruition of “Occupazione Giovani” an...

Inps, with a circular message, informs that, within the  “DiResCo – Dichiarazioni di Responsabilità del Contribuente” application, forms for the preliminary request of admission to benefits for the hire of employees and the allocati...

Mar
10
2017
PUBLISHED BY Arlati Ghislandi
TAG: , , JOBS ACT
Jobs Act on self-employed work - approval by the C...

The process for the ratification of the law draft for the protection of non-entrepreneurial self-employed work and the introduction of measures for flexibility of times and places of performance of subordinate work has been approved by the Chamber.

 

Mar
09
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Vouchers – Instructions from the Ministry

The Ministry of Labor, with press release of March 7, 2017, informs that, following the creation of Ispettorato Nazionale del Lavoro (National Inspection Authority for Employment), new email addresses for the management of vouchers are active and operational.

Mar
01
2017
PUBLISHED BY Arlati Ghislandi
Incentive for the employment of youths - operation...

Inps, with circular message no. 40 of February 28, 2017, explains regulations upon the incentive for the employment of youths and provides operational instructions for its fruition.

Feb
23
2017
PUBLISHED BY Arlati Ghislandi
CIGS salary integration: tickets mandatory from Ma...

Inps informed that, from March 1st, 2017, the management system for salary integration via Ticket system will be extended to CIGS requests.

Feb
17
2017
PUBLISHED BY Arlati Ghislandi
Decree for the extension-postponement of terms and...

The Senate has approved the conversion into law of the Law Decree no. 244/2016 (Decreto Milleproroghe).

Feb
16
2017
PUBLISHED BY Arlati Ghislandi
Disabled subjects – law decree to postpone the ter...

A law decree currently undergoing voting procedure postpones to 2018 the obligation, for employers with 15 to 35 employees, to hire a disabled subject. Therefore, until January 1st, 2018, the obligation to hire a disabled subject will apply only in case of new hires.

Feb
09
2017
PUBLISHED BY Arlati Ghislandi
? Administrators of joint stock companies (S.p.A.)...

Corte di Cassazione, with pronunciation no. 1545 of January 20, 2017, has solved a longstanding doctrinal debate related to the nature of the relationship between the sole administrator (or board member) and a joint stock company (S.p.A.), determining whether the limit o...

Feb
06
2017
PUBLISHED BY Arlati Ghislandi
TAG: , TFR, CIGS
Tfr accrued during CIGS salary integration treatment

Inps, with a circular message, has detailed new regulations upon TFR accrual during the fruition of CIGS salary integration treatment pursuant to Legislative Decree no. 148/2015.

 

Feb
02
2017
PUBLISHED BY Arlati Ghislandi
Exceptional social safety nets and active social p...

The Ministry of labor and social policies, with a circular message, has provided further clarifications upon exceptional social safety nets, with specific reference to actions of active labor social policy.

Jan
24
2017
PUBLISHED BY Arlati Ghislandi
Annual declaration for disabled employees – submis...

The Ministry of Labor, together with ANPAL, as well as reminding of the deadline of January 31, 2017, for the submission of the annual declaration for the employment of disabled subjects (reflecting the situation as of December 31, 2016), provided clarifications upon obl...

Jan
23
2017
PUBLISHED BY Arlati Ghislandi
New “Youth Occupation Incentive”

Decree no. 394 of December 2, 2016, providing an incentive for employers that hire unemployed youths aged 16-29, has been published on the Official Gazette.

 

Jan
23
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Temporary work – communication to trade unions

Within January 31, 2017, companies that availed themselves, in 2016, of employees provided by temporary work agencies are required to communicate data related to temporary workers used in 2016 to trade unions.

 

Jan
11
2017
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Highly specialized employees – new regulations for...

Legislative Decree no. 253/2016, concerning new regulations upon the entry of highly specialized employees for intra-group transfers, has been published on the Official Gazette.

 

Jan
03
2017
PUBLISHED BY Arlati Ghislandi
Social safety net fot towns struck by earthquake

With circular message no. 235 of December 30, 2016, INPS clarifies some issues connected with social safety measures for towns affected by the earthquakes of 2016.

 

Dec
17
2016
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Unemployed pre-retirees in the banking sector: ins...

INPS, with a message, recognizes the increase of duration of the non-ordinary check paid by the solidarity fund for personnel of the credit sector. The law decree on banking crisis has extended the period for admission of personnel of financial institutions - including e...

Dec
08
2016
PUBLISHED BY Arlati Ghislandi
TAG: ,
Final approval of financial act for 2017

The final version of the Financial Act for 2017 has been definitively approved by the Senate.

Nov
29
2016
PUBLISHED BY Arlati Ghislandi
TAG: ,
CCNL for the engineering industry – a draft of Agr...

On November 26th, 2016 Confindustria, Federmeccanica, Assistal, Fim-Cisl, Fiom-Cgil e Uilm, signed the agreement draft for the renewal of the National Collective Agreement for the engineering industry that will be in force for the period 2016-2019

Nov
25
2016
PUBLISHED BY Arlati Ghislandi
"Cigo" for non-avoidable events – INPS clarifications

By means of the recent message INPS gave clarifications regarding the deadline for the submissions of applications of CIGO concerning non-avoidable events, as amended by Legislative Decree no. 185/2016 (the so called Jobs Act corrective).

Nov
24
2016
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Contribution relief in the Mezzogiorno in 2017

The Ministry signed the Decree regulating the New total exemption foreseen for the recruitment of unemployed workers in the South. The duration of the benefit is fixed in 12 months within the maximum ceiling of € 8.060.

Nov
16
2016
PUBLISHED BY Arlati Ghislandi
Salary integration and solidarity funds – clarific...

With circular message no. 199/2016, INPS clarifies some details on terms and decadence for salary integration procedure and for solidarity funds, leaving details of updates and implementation of UNIEMENS procedure to a future message.

Nov
10
2016
PUBLISHED BY Arlati Ghislandi
Repatriated employees – news from financial law 2017

The draft of financial law 2017 provides changes on facilitations for the repatriation of employees from abroad.

Nov
09
2016
PUBLISHED BY Arlati Ghislandi
TAG: , , , DURC
Online Durc certification for construction compani...

The Ministry of Labor, with circular message, provided instructions to employers for the application of Ministerial Decree February 23, 2016, modifying Ministerial Decree January 30, 2015, upon regulations concerning the online procedure for the release of Durc certifica...

Nov
07
2016
PUBLISHED BY Arlati Ghislandi
International secondment – new regulations

Legislative Decree no. 136/2016, defining regulations applicable for foreign subjects, employed by foreign companies, working in Italy due to a secondment.

 

Oct
25
2016
PUBLISHED BY Arlati Ghislandi
Corrective decree to Jobs Act – early clarificatio...
Oct
17
2016
PUBLISHED BY Arlati Ghislandi
2017 Budget Act –government approval of the bill
Oct
16
2016
PUBLISHED BY Arlati Ghislandi
? CIGS salary integration treatment for companies ...
Sep
30
2016
PUBLISHED BY Arlati Ghislandi
TAG: ,
Collective National Labour Contract for journalist...

The negotiation for the journalistic work contract goes on.

Sep
27
2016
PUBLISHED BY Arlati Ghislandi
Mandatory placement and the corrective Decree of t...

The legislative Decree scheme, containing corrective measures to the Legislative Decree No. 151 (the so called “Decreto Semplificazioni” – Simplification Decree) has provided amendments to the law no. 68/1999 in matter of compulsory employment including

Sep
26
2016
PUBLISHED BY Arlati Ghislandi
Approved the corrective Decree of the jobs act.

Green light of the Council of Ministers to the corrective Decree of the Jobs Act, which introduces important innovations in matters of layoffs, solidarity contracts and the traceability of vouchers.

Sep
15
2016
PUBLISHED BY Arlati Ghislandi
FIS - Inps explains regulations

Inps, with a recent circular message, has explained the discipline of the Fund for Salary Integration (FIS) introduced by Ministerial Decree no. 94343 and Legislative Decree no. 148/2015.

Sep
13
2016
PUBLISHED BY Arlati Ghislandi
Null and void trial period agreement: effects on d...

The nullity of a trial period agreement doesn’t automatically determine the reinstatement and compensation of the employee.

Aug
30
2016
PUBLISHED BY Arlati Ghislandi
Earthquake in central Italy: aids for tourism

For the areas involved in the earthquake, trade unions of the tourism sector have signed a common agreement.

Aug
22
2016
PUBLISHED BY Arlati Ghislandi
Disciplinary procedures: the employee must be heard

"Corte di Cassazione” (Italian Supreme Court), with verdict n. 17166 of August 18th 2016, clarified that the employee, upon request by the employee, is entitled to be heard for justifications even if he or she has just provided such justifications in written form.

Aug
04
2016
PUBLISHED BY Arlati Ghislandi
TAG:
The Cigo will be handled exclusively via “Ticket S...

Inps with circular note no. 139 dated August, 1st 2016, determined the administrative process to access the Cigo benefits, clarifying that the same, shortly, will be handled exclusively via Ticket System.

Jul
19
2016
PUBLISHED BY Arlati Ghislandi
TAG:
Transboundary secondment and application of relate...

The Council of Ministers has approved a legislative decree for the enactment of Directive no. 2014/71/EU, introducing new regulations for the transboundary secondment of employees within EU member states.

Jul
11
2016
PUBLISHED BY Arlati Ghislandi
TAG: , TRANSFER
Succession of tender contracts: new EU regulations

Law no. 122 of July 7th, 2016, providing regulations for obligations arising due to Italy’s member status in the European Union (European Law 2015-2016), has been published on the Official Gazette issue no. 158 of July 8th, 2016.

Jul
01
2016
PUBLISHED BY Arlati Ghislandi
Protection of the employee’s return from maternity...

Corte di Cassazione (our national Supeme Court), with a recent judgement, has stated that the extended leave of the employee called, at the end of her maternity leave, to resume service in a location different from the one she previously worked in, is justified.

Jun
17
2016
PUBLISHED BY Arlati Ghislandi
Disapplication of criteria for rotation of employe...

The Decree of the Ministry of Labor no. 94956/2016, determining a 1% increase of additional contribution as a fine for failure to apply rotation criteria for employees undergoing CIGS salary integration, has been recently published in the Official Gazette.

Jun
13
2016
PUBLISHED BY Arlati Ghislandi
JOBS ACT: approval of the first amendments

In the session of June 10th, 2016, the Council of Ministers approved a draft of legislative decree with amendments and integrations to the “jobs act”.

May
30
2016
PUBLISHED BY Arlati Ghislandi
Double-face solidarity, provided in the draft of t...

The draft of the corrective Decree of the “jobs act” has added a paragraph to  Article 41 of the Legislative Decree No. 148/2015, in order to enable the transformation of the solidarity contract from defensive (the direct one, through the reduction of wo...

May
27
2016
PUBLISHED BY Arlati Ghislandi
Facilitated part time: from June 2nd the applicati...

With a recent circular INPS gave instructions and operational regulations for admission to the facilitated part-time, provided by the inter-ministerial decree of April 13rd, 2016.

May
26
2016
PUBLISHED BY Arlati Ghislandi
Entitlement to part -time in case of serious diseases

The workers, as long as suffering from cancer or chronic degenerative diseases worsening certified, resulting in a reduced ability to work, are entitled, pursuant to art.8 Legislative Decree. n°151/2015, to the transformation of employment from full time to part time.

May
20
2016
PUBLISHED BY Arlati Ghislandi
Journalists: application of biennial social securi...

INPGI, with recent circular, provided clarifications for the application of the biennial social security contribution relief, provided by Stability Law for 2016, also for Journalists enrolled under said Institution

May
10
2016
PUBLISHED BY Arlati Ghislandi
TAG: CRISIS, CIGS
Cigs (extraordinary salary integration treatment) ...

The Ministry of Labour, in cooperation with the Ministry of Economy, signed ministerial decree no. 95075 which specifies the procedures for requesting and granting the extension of salary integration treatment...

Apr
20
2016
PUBLISHED BY Arlati Ghislandi
TAG:
“Lavoro accessorio” (ancillary work): Inps updates...

Inps, with a recent message, provided new features for the use of the so-called “Vouchers”, in order to avoid their misuse and to prevent the circumvention of financial limits set by the legislator for this type of contract.

Apr
13
2016
PUBLISHED BY Arlati Ghislandi
"Facilitated part time" for workers who are close ...

With the inter-ministerial decree of April 13rd 2016, waiting for its publication in the Official Gazette, it has been regulated the so called "facilitated part time", introduced by the Stability Law of 2016.

Apr
08
2016
PUBLISHED BY Arlati Ghislandi
TAG: , JOURNALIST
NCBA of journalists : extension of validity

By Note dated March 31st 2016, the Italian Federation of Newspaper (FIEG) announced the signing of an agreement with the National Federation of the Italian Press (FNSI) for the extension, until September 30th 2016...

Mar
22
2016
PUBLISHED BY Arlati Ghislandi
Durc on line - new declaration form

The Ministry of Labour, emitted the updated form by which employers can declare the absence of unlawful impediment to the release of Durc, to be transmitted to local responsible DTL by fax, registered mail, mail or Pec

Mar
11
2016
PUBLISHED BY Arlati Ghislandi
Ministry of Labor published on its website FAQs on...

Ministry of Labor published on its website FAQs on the new electronic procedure for resignation, effective from March 12th, 2016.

Mar
09
2016
PUBLISHED BY Arlati Ghislandi
TAG: ,
“Contratti di prossimità” cannot modify minimum wa...

The ministry of Labor has recently stated that “Contratti di prossimità” (i.e. “proximity contracts”, collective agreements enabling signatory parties to partially waive national collective regulations on some specific matters) can...

Feb
29
2016
PUBLISHED BY Arlati Ghislandi
TAG: , ,
Published into the Official Gazette the Milleproro...

It has been published into the Official Gazette n. 47 dated February 26th 2016, Law n. 21 dated February 25th 2015, the conversion of the Milleproroghe Decree (D.L. n. 210/2015).

 

Feb
26
2016
PUBLISHED BY Arlati Ghislandi
Performance premium – incoming the Decree to apply...

Incoming the Decree charged on Ministry of Labor, in cooperation with the Ministry of Economics, explaining the ‘calculation’ criteria of the productivity, quality, profitability, efficiency and innovation increases foreseen by the Stability Law.

 

Feb
18
2016
PUBLISHED BY Arlati Ghislandi
Prospetto informativo disabili - postponed the te...

We hereby inform that the Ministry of Labor and Social Policies, with note dated February 17th, 2016, prot. no. 33/970, has notified the update of electronic standards for the “prospetto informativo” of mandatory hires for disabled employees and post...

Feb
15
2016
PUBLISHED BY Arlati Ghislandi
Bilateral relief funds – Inps recaps new regulations

Decree no. 148 of September 15th, 2015 has reordered, within a single law, all salary integration measures during the employment contract, abolishing all contrary or incompatible provisions.

Feb
13
2016
PUBLISHED BY Arlati Ghislandi
TAG: ,
Signed the unitary Trade Unions Agreement around ...

With the agreement dated January 14th 2016 CGIL, CISL and UIL agreed the new unitary contractual model aimed to the constitution of a modern industrial relationships system to this end of a development based on the innovation and quality of work, to be realized thr...

Feb
10
2016
PUBLISHED BY Arlati Ghislandi
Collective dismissal – non concomitant communicati...

The Court of Appeal, Labor Section, with a sentence dated January the 8th 2016, n. 157, has declared illegitimate the dismissal of an employee if, during a collective dismissal procedure, the communication sent to the labor offices and to the Trade Unions is not concomit...

Feb
09
2016
PUBLISHED BY Arlati Ghislandi
CIGS – definition of criteria for the approval of ...

The Ministry of Labor and Social Policies has published, on February 8th, Decree no. 94033 of January 13th, 2016, defining criteria for the approval of plans presented by companies for the request of CIGS (special salary integration treatment) pursuant to art. 20 a...

Feb
05
2016
PUBLISHED BY Arlati Ghislandi
Social safety nets in derogation of current regula...

The Ministry of Labor and Social Policies has released circular message no. 4 of February 2, 2016, providing clarifications upon the connection between existing laws upon social safety nets in derogation of current regulations, with reference to Legislative Decree no. 14...

Feb
01
2016
PUBLISHED BY Arlati Ghislandi
Approved the Law bill related to the self-employment

The Council of Ministers approved, during the assembly that took place on January 28th, a Law bill stating the measures for the safeguard of the self-employment work non-entrepreneurial and the measures aimed to favor the flexible joint in working timing and places...

Jan
12
2016
PUBLISHED BY Arlati Ghislandi
New modalities to communicate the resignation and ...

Through the Decree dated December 15, 2015, published on Official Gazette No. 7, dated January 11, 2016, the Ministry of Labor and Social Politics stated the new modalities to communicate the resignation and the employment relationship consensual termination.

Jan
05
2016
PUBLISHED BY Arlati Ghislandi
Extension for the transmission of disabled prospectus

Through the Note No. 6725, dated December 30, 2015, the Ministry of Labor informed that the disabled prospectus (ex L. 68/99) has to be electronically transmitted within February 29, 2016.

Dec
31
2015
PUBLISHED BY Arlati Ghislandi
Published the Stability Law 2016

Italian Parliament published, into the Ordinary Supplementary n.70 to the Official Gazette n. 320, dated December 30th 2015 n. 2018, the Law December the 28th 2015 n. 208, stating the indications to build up the annual and long-standing State balance (Stability Law 2016).

Dec
23
2015
PUBLISHED BY Arlati Ghislandi
Stability Law 2016: definitely approved by the Senate

Yesterday, December 22, 2015, the Senate approved definitely the Stability Law 2016, concerning the annual and multiannual State budget provisions.

 

Dec
22
2015
PUBLISHED BY Arlati Ghislandi
Parental leave on a hourly basis

The agreement dated December 15, 2015, provides clarifications upon fruition of parental leave on a hourly basis (ex art. 1, comma 339, della L. 228/2012) in the Credit sector.

Dec
21
2015
PUBLISHED BY Arlati Ghislandi
Stability Law 2016: approved by the Chamber of Dep...

During the night of 19 December to 20 December, the Chamber of Deputies approved the Stability and Budget bill 2016 and the Triennial Budget 2016-2018.

Dec
17
2015
PUBLISHED BY Arlati Ghislandi
The Stability Draft Law 2016 finances the “defensi...

Among the amendments introduced by the Government, focused on the DDL in matter of “defensive solidarity contracts”, there are some interventions aimed to change the social security cushion Decree (D.Lgs. 148/2015) into which it is placed the financing of the...

Nov
25
2015
PUBLISHED BY Arlati Ghislandi
The contributive allowance change in 2016

Stability Law proof copy 2016, approved by Senate on November 20th (and currently under the Chamber discussion), confirms the relief contribution for the open ended hiring – and transformation – occurred as of January 1, 2016 up to December 31, 2016.

Nov
13
2015
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal for a defense right delayed

Through the sentence No. 23140, dated November 12th 2015, the Court of Appeal affirm that, in case of disciplinary objection, the term equal to 5 days isn’t entailing the forfeiture of defense right.

Nov
04
2015
PUBLISHED BY Arlati Ghislandi
Availability during the weekly rest day

Through the judgment No. 19936, dated October 6, 2015, the Court of Appeal stated that the availability service executed during the day assigned to the weekly rest, causes the right for the employee to receive of a supplementary economical treatment, in addition to the r...

Nov
03
2015
PUBLISHED BY Arlati Ghislandi
Unlawful dismissal: personal use of email for a no...

Through the judgment No. 22353/15, the Court of Appeal affirmed that the dismissal of the employee accused of email and web surfing personal use will be unlawful, if the employee doesn’t take up a significant time from working activity executions.

Oct
20
2015
PUBLISHED BY Arlati Ghislandi
Stability Law 2016: bill ratified

As of October 15th 2015, The Government has approved the proof copy regarding the provisions for the development of annual and multi-year Italian balance sheet (so called “Legge di Stabilità 2016”).

Oct
14
2015
PUBLISHED BY Arlati Ghislandi
Fiscal benefits for the repatriated employees

Through the Decree containing the measures for the growth and the internationalization of the enterprises (D.lgs. 147/2015), it is introduced a special fiscal regime for the repatriated employees.

Oct
09
2015
PUBLISHED BY Arlati Ghislandi
The new maxi-penalty for illegal labor

Through the Newsletter dated October 7th, 2015, the Minister of Labor and Social Policies provides clarifications about the temporal regime for the application of the new regulation regarding the maxi-penalty for illegal labor, introduced by Simplifications Decree (Legis...

Oct
08
2015
PUBLISHED BY Arlati Ghislandi
Jobs Act – News introduced by Simplifications Decree

The Simplification Decree (Legislative Decree No. 151/2015) provides new dispositions about the relationship employment and the equal opportunity, in order to simplify and rationalize the processes and compliances in charge of both citizens and Companies.

Sep
29
2015
PUBLISHED BY Arlati Ghislandi
TAG: , , JOBS ACT
Work abroad after jobs act

Legislative decree No. 151/2015 applicable from September 24th, 2015 – introduced measures related to jobs abroad, providing the repeal of the authorization for the recruitment or the transfer of Italian workers abroad and the related penalties.

Sep
24
2015
PUBLISHED BY Arlati Ghislandi
TAG: , , LAYOFF, JOBS ACT
Jobs act – concluded the process of labour reform

It finished the Council of Ministers, which approved definitively the last four decrees of the jobs act.

 

Aug
25
2015
PUBLISHED BY Arlati Ghislandi
TAG: ,
Postponement of 2014 work visa term

The Ministry of labor and the Ministry of internal affairs, with joint circular message no. 4454 of August 7, 2015, inform that demands related to “temporary planning of entry visas for non-seasonal non-EU workers in Italy for 2014” (“D...

Aug
13
2015
PUBLISHED BY Arlati Ghislandi
Green light from Chamber of Deputies and Senate fo...

On August 5, 2015, Labor Commissions of Deputies Chamber and Senate have confirmed the last four Legislative Decree schemes of Jobs Act.

Jun
25
2015
PUBLISHED BY Arlati Ghislandi
Jobs Act – Definitively approved other two Legisla...

The Council of Ministers has finally approved two legislative decrees, implementing the Jobs Act, containing measures on

-  Organic discipline of work agreements and the revision of regulations on duties;

- Work-life balance and healthcare

Th...

Jun
09
2015
PUBLISHED BY Arlati Ghislandi
TAG: MOBBING
MOBBING – The Court of Cassation lays down 7 condi...

With sentence No. 10037/2015 the Cassation Court sets the rules to recognize mobbing.

According to the Cassation Court mobbing behavior is found if

1) harassments must take place in the workplace;

2) conflicts must take place within a reasonable period of time;

Jun
01
2015
PUBLISHED BY Arlati Ghislandi
Tax relief on contribution for second-level wages ...

It has been published in the Official Gazette No. 123 dated 29 May 2015, the Inter-ministerial Decree 8 April 2015  containing the determination of the maximum percentage of the second-level wages for 2015 related to tax relief as foreseen by art. 1, paragraphs 67 a...

May
14
2015
PUBLISHED BY Arlati Ghislandi
Reconcile work and family life: positive opinion o...

The Labour Commission of Senate has expressed, on the day of Wednesday, May 13 2015, favorable opinion, with observations, to the format of Legislative Decree bearing measures for the reconciliation of care needs, of life and work on the organic text of types of contract...

May
13
2015
PUBLISHED BY Arlati Ghislandi
Employers and privacy: the new guidelines from Pri...

With the recent vade-mecum, the Privacy Guarantor summarizes the general provisions related to privacy law and the employer-employee relationship.

Employers may process employee’s personal data only when absolutely essential to the performance of employment...

Apr
01
2015
PUBLISHED BY Arlati Ghislandi
Credit NCBA – definition of the tentative renewal ...

On March 31st, a tentative agreement for the renewal of the NCBA of ABI sector has been reached.

The agreement, which shall have to be submitted to employees of the sector for approval, shall be effective until December 31, 2018.

 

Mar
31
2015
PUBLISHED BY Arlati Ghislandi
NCBA for the Tertiary sector – signature of the te...

After long negotiations over almost a year, Confcommercio has signed with Filcams-Cgil, Fisascat-Cisl and Uiltucs–Uil the tentative agreement for the renewal of the NCBA for the Tertiary sector.

Mar
07
2015
PUBLISHED BY Arlati Ghislandi
New regulations upon increasing employment protect...

Legislative Decree no. 23 of March 4th, 2015, regulating the reform on termination of employment, has been published on the Official Gazette no. 54 of March 6th, 2015.

Therefore, since March 7th, 2015, for all employees who start an open-ended employment relation...

Feb
21
2015
PUBLISHED BY Arlati Ghislandi
Jobs act – approved two decrees

The Council of Ministers has concluded the approval process of two Legislative Decrees, as provided for by Law No. 183/2014 (so called “Jobs Act”), regarding

Feb
04
2015
PUBLISHED BY Arlati Ghislandi
Facilitations for the hiring of journalists in 2015

With circular message no. 3 of January 23rd, 2015, INPGI informs that the Council of Ministers has confirmed, for 2015, social security contribution relief measures for publishing companies who hire with a subordinate employment contract, open-ended or for a fixed term, ...

Jan
26
2015
PUBLISHED BY Arlati Ghislandi
CIGS (Extraordinary Redundancy Fund) for cessation...

The Ministry of Labour and Social Policy with its circular (no. 1 dated Dec. 19th, 2014) reported that, in the light of what is contained in Article 1, paragraph 110 of the Stability Law 2015, has been disposed – for 2015  - the completion of the extension to ...

Jan
02
2015
PUBLISHED BY Arlati Ghislandi
TAG: BONUS
Youth Guarantee: cumulative processing of the requ...

INPS, with message No. 9956 of December 30, 2014, has communicated to have cumulatively processed the requests sent by the employers related to “Youth Guarantee” program and to have made available the function for the sending of the definitive bonus ...

Dec
22
2014
PUBLISHED BY Arlati Ghislandi
TAG: WORK
Entrance of non-EU workers for non-seasonal work

The ministry of labor and social policies has stated that, since 8:00 of December 23, 2014, it is possible to pre-upload requests related to new entry quotas.

Dec
04
2014
PUBLISHED BY Arlati Ghislandi
Parliament: the enabling law for the “Jobs Act” is...

The enabling law for the “Jobs Act” has been definitively approved by the Senate.

The law, aimed towards the flexibilization of labor market and the introduction of simpler regulations for the management of all employment relationships, bestows ...

Oct
28
2014
PUBLISHED BY Arlati Ghislandi
Social contribution reduction on performance bonus...

INPS with message No. 7978/2014 has announced the operational procedures that employers must follow in order to benefit of the contribution reduction under Law No. 24/2007.

Oct
15
2014
PUBLISHED BY Arlati Ghislandi
Innovatice Star-up: headcount verification of the ...

With resolution No. 87 dated yesterday, the Revenue Office has provided some clarifications as regards the requirements in order to enjoy tax benefit provided for innovative start-up.

With specific reference to employees or self- employed it is required that the ...

Oct
08
2014
PUBLISHED BY Arlati Ghislandi
NCBA for metalworkers – companies of the industria...

An agreement on fixed-term contracts and temporary employment, as amended by Law no. 78/2014, converting Law Decree no. 34/2014 (a.k.a. “Jobs Act”), has been signed on September 25th, 2014.

Aug
07
2014
PUBLISHED BY Arlati Ghislandi
Issued the new regulations on social buffers in de...

The Ministry of Labor and Social Policy and the Ministry of Economy signed an inter-ministerial Decree n. 83473 dated August 1st 2014 which establishes the new criteria for the provision of social benefits in derogation.

Jun
26
2014
PUBLISHED BY Arlati Ghislandi
TAG: DUTY, INPS
Solidarity fund of Credit sector

INPS with message 5409 dated June 17th 2014 announced that, pending the issue of the implementing decrees of Solidarity Fund, with effect from January 1st and until June, the payment obligation of the ordinary contribution is restored.

Jun
09
2014
PUBLISHED BY Arlati Ghislandi
The residual Solidarity Fund

The Ministry of Labour and Social Security, in consultation with the Ministry of Economy and Finance, has published in the Official Gazette No. 129 of 6 June 2014 the Inter-Ministerial Decree that established, at INPS, the residual Solidarity Fund in order to ensure prot...

May
14
2014
PUBLISHED BY Arlati Ghislandi
The Labour Decree was finally approved by the Chamber

The Chamber voted on the issue of confidence put forward by the Government, on the approval, without amendments or additional articles, of the sole article of the bill relating to the conversion into law, with amendments, of L.D. No. 34 of 20 March 2014, containing urgen...

Apr
24
2014
PUBLISHED BY Arlati Ghislandi
The so-called “D.L. Lavoro” was approved by the Ch...

Below are some of the major changes compared to the original version of the decree:

Fixed-term contract

- extensions: each contract may be extended a maximum of five times, regardless of the number of renewals;

Apr
15
2014
PUBLISHED BY Arlati Ghislandi
Durc Interno – from 15 May

In view of the difficulties in the start-up phase of the “DURC interno” management system, with message n. 4069 of 14 April 2014, INPS states that the first notice of the negative Durc interno will no longer be sent on 15 April 2014 but 15 May 2014 and will c...

Apr
08
2014
PUBLISHED BY Arlati Ghislandi
Inspections on CIGS (Redundancy Fund): instruction...

The Ministry of Labour issued the operational guidelines regarding audits aimed at verifying the existence of the requirements for the approval and renewal of company reorganization and restructuring programs.

Apr
07
2014
PUBLISHED BY Arlati Ghislandi
Are revisions to the social safety nets imminent?

The government has issued the guidelines for revising the provisions relating to social safety nets:

  • 1. abolition of the causal for total or partial suspension of company activities;
  • 2. simplification of administrative procedures for requesting a...