There is an ongoing discussion about the project-based contract (“contratto a progetto”) still in force. As of 1st January 2016 such contracts will be re-characterized into a subordinate employment relationship if the employer organizes and coordinates the collaborator’s work.
i) Exemption of 40% of the social security contributions for open-ended employees hired, starting from 1st January 2016 until 31st December 2016, for 2 years, up to EUR 3,250 per year per employee. ii) Starting from March 2016 resignation and mutual termination shall be filed via data transmission.
When an employee wins an unfair dismissal case, the decision whether to accept reinstatement or the alternative of damages in the amount of 15 months’ salary, shall be made by the employee within 30 days of the communication of the filing of the Court decision awarding reinstatement. (Court of Cassation ruling no. 203/2016).
In recent weeks there has been an ongoing important political discussion regarding the public sector, and the application of certain new labour laws to public sector (state) employees. On a separate note, the new law regarding the monitoring of the content of work devices at a distance, which was mentioned in last month’s update, is […]
Through communication no. 194/2015 (“the Communication”), the Italian social security body (“INPS”) has clarified the amendments made by Legislative Decrees no. 148/2015 and 150/2015, related to State funded unemployment benefits, called NASPI. The Communication explains the conditions required in order to apply for the NASPI, for certain kinds of employees such as seasonal employees, temporary […]
By Court Ruling no. 10955/2015, the Italian Court of Cassation has ruled that it is not unlawful for an employer to create a fake Facebook profile in order to uncover an employee’s negligence. In the case in question, the employer created a fake female Facebook profile and started chatting with an employee in charge of […]
In order for employers to exercise the new power related to monitoring employees at a distance, the employers must provide a specific company policy.
In the coming weeks, the Parliament is voting on a bill that provides several changes to the law related to social security contributions, labour tax advantages, part-time, additional funds for State funded social measures to face company crises and to the so called smart-working, a more flexible way to work. Please note that the latter […]
A very important reform, which came into force on 24 September 2015, provides that the employer may now have access to all content of the working tools given to employees for use in the performance of their job (e.g smartphone, tablet, PC), as long as their is a specific company policy in place. The content […]
On 13 October 2015 the Supreme Court of Cassation issued an important ruling with reference to disciplinary dismissals. According to the law, in case of disciplinary dismissal, if the fact alleged to the employee does not exists (never happened), the employee is entitled to be reinstated. However, the Court stated that the Italian legislator meant […]