Article 18: Quer pasticciaccio (that awful mess), Professor Sergio Magrini on the new article 18
Let’s try to simplify for the common reader, who is most likely and understandably disoriented by the din of an often-misleading debate, the terms of the question on the reform of the laws regarding dismissal of staff.With respect to the regulations in force (Article 18 of Law No. 300 of 1970 and related regulations) – […]
New employment decree
EMPLOYMENT DECREE No. 34/2014FIXED TERM CONTACT AND APPRENTICESHIP… converted into law last Thursday with important newsA new step towards greater employment flexibility was made last Thursday with the conversion of Law Decree n. 34/2014, which introduced important innovations, especially regarding the fixed term contract (in terms of apprenticeship, in fact, the conversion law has greatly […]
Riforma Fornero in brief
The Fornero labour reform (legislation no. 92/2012) is inspired by the intention to increase work flexibility, both entering and exiting.Regarding incoming flexibility, it is noted that a motive will not be needed for the first fixed-term contract having a duration which does not exceed twelve months (extensions not permitted). The maximum duration of the fixed-term […]
How to avoid the transformation of limited time contracts into unlimited time contracts
Ministry of Labour Circular 35/13, published on August 29, 2013, declared that it is also possible to extend acausal contracts (lasting up to 12 months) which were signed before June 28, 2013, the date upon which Law Decree 76/13 came into force.Such extension can only take place once, and it is limited to professional activities […]
Limited contracts and innovative start up
Innovative start-ups are corporations (and cooperatives) which are new or recently established, have their main office and market in Italy, shares which are owned mostly by physical persons, their company objectives oriented towards development and production or commercialization of innovative or highly technological products and services.New Development Decree 2.0 (Conversion Law number 221 of December […]
Durc (tax and wage compliance certificate)
With the ruling 33/2013 of 11th December 2013, the Ministry of Labour provides clarification with regard to the correct interpretation of D. M. October 24, 2007 on the “methods of issuing, the analytical contents of the tax and wage compliance certificate””.Following the request made by the National Council of Labour Consultants on the correct identification […]
The TFR, accrued severance pay, is payable by the transferor even if the employment relationship is terminated after the sale of the company
The sentence n. Section 19291 of 22.09.2011 of the Supreme Court Labour Division has gone a bit unnoticed. Yet it is important because it has confirmed, perhaps for once and for all, the principle according to which the employee’s severance pay does not only come into existence at the time of termination of a contract, […]
There is no longer a security programme document
Article 45 of legislative decree no. 5/2012 (the so-called simplification order), has altered the Code of Privacy, abolishing for those who manage sensitive personal data, using IT tools, the obligation to draft the security programme document by March of each year.
Simplifications even for contractors
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 […]
Ex post controllable e-mail
The employer cannot – as would be a violation of article 4 of the Workers’ Statute – control e-mails to check “from a distance”” the employees’ fulfilments of work. However, they may, if holding evidence to suggest that an employee is performing illegal acts (for example, the disclosure of confidential company information, in violation of […]