Simplifications even for contractors| Studio Legale Menichetti

Magazine

The second clause of article. 29 of legislative decree no. 276/2003 provides that "In the case of contracted work or services the client company or employer is jointly obliged with the contractor, as well with each of the additional possible subcontractors within the limit of two years from the termination of the contract, to pay the wages and social security contributions due to the employees".

The regulation, until now, has been interpreted to mean that the civil sanctions must be set by the contractor (having a compensatory nature) and entire employees severance funds if matured during the contracting.

The simplifications decree no. 5/2012 of the Monti Government made justice of these previous interpretations. The civil sanctions are no longer established by the contractor, which is therefore held only by the amounts of severance funds set aside during the contract.
To draw up a contract has become, if not easier, surely less dangerous.

 

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