Partner Milan
"In case of redundancies, new hires (as of 7 March 2015) have to be managed separately from hold hires (until 6 March 2015), because (only) for the former the economic incentive is not subject to tax and social security charges for an amount into a minimum of three and a maximum of 27 monthly salaries (to be determined according to the employees’ seniority)."
Chairperson cannot hold employment positions in same company
The Court of Cassation has found that an individual cannot be appointed Chairperson of a Board of Directors if they remain simultaneously employed in the company. This is based on the fact that Chairpeople legally represent their company and therefore cannot exercise a power of control over themselves – something they are obliged to do on behalf of all subordinate employees.
Court of Cassation 23/11/2021, No. 36362
Disability assistance permits not limited to care
The monthly financial benefits for supporting disabled family members pursuant to Article 23, Law no. 104/1992 are not limited to covering the care of said persons in the strictest sense but also extend to activities disabled individuals cannot carry out independently themselves whether at home or externally.
Court of Cassation 20/10/2021, No. 29198
Employee’s dismissal found to be retaliatory
The Court of Milan found that the consequential dismissal of an employee who claimed that they should be contracted to a different company was retaliatory given that their employer had been unable to prove misconduct on any grounds that call for disciplinary dismissal. In this case, the court found the dismissal to be a retaliatory reaction to the employee’s contractual issue and found the dismissal to be void, ordering the employee’s reinstatement.
Court of Milan, 18.11.2021, No. 2798
Multiple dismissals of Deliveroo riders considered collective redundancies
According to the Court of Florence, Deliveroo riders with a ‘coordinated and continuous collaboration’ contract are subject to existing legislation on subordinate work, meaning that if the employer wants to terminate the contracts of a significant number of their riders, they must follow the procedures on collective redundancies provided for in Articles 4 and 24 of Law 223/1991 including initiating the required consultation with trade unions before they can terminate said contracts. Such cases are also subject to Article 2, paragraph 1 of Legislative Decree 81/2015.
Court of Florence, 24.11.2021
Converting paid sick leave into Covid-19 salary support scheme is valid
According to the National Labour Office it is possible to transfer paid sick leave into the salary support scheme for Covid-19 (Cassa Covid). Therefore, an employer can essentially furlough their employee by putting them onto the salary support scheme instead of paying them sick leave.
National Labour Office note No. 1799, 23.11.2021
Employees must be contactable during sick leave
The Court of Cassation found that an employee’s change of residence during sick leave must be communicated to their employer as well as to INPS. This is because the employee’s duty to their employer remains even during periods of sickness-related absence. Even when at home sick, an employee must be contactable as their employer still has the right to check in with them (excluding health checks which do not fall under their responsibility) in order to ensure how best to minimise any disruption caused by their absence.
Court of Cassation 25/11/2021, No. 3672
Introduction of Super Green Pass
The Government has issued new, more restrictive rules regarding using Green Passes to access indoor spaces and for certain professions in general. A difference is now being made between the ‘Super Green Pass’ issued following vaccination or full recovery from Covid-19 and the ‘Basic Green Pass’ issued following a simple molecular or antigenic swab.
From 6 December 2021, a Super Green Pass will be mandatory for accessing cinemas, theatres, sport events, indoor bars and restaurants, parties and nightclubs, museums and public ceremonies.
The Basic Green Pass remains in place for accessing workplaces, except for the following sectors where it is compulsory for employees to be vaccinated (thus warranting a Super Green Pass): school/education personnel, law enforcement, firefighters and the military. Unvaccinated employees in these categories will be suspended form work without pay.
The previous rule which stated that non-vaccinated health personnel could be used for so-called ‘different tasks’ has been eliminated.
The existing requirement for a Basic Green Pass to access long-distance transport networks now also extends to local public transport and regional trains.
Law Decree 26/11/2021, No. 172.
INPS clarifications on CIGD special salary for businesses
The INPS has announced operational clarifications on the use of the CIGD special salary support scheme for businesses in financial difficulty as set forth by the 2021 Finance Law (Art. 1, paragraphs 286 to 288, Law 30.12.2020 No. 178). The requirement for accessing CIGD support is that a business’ financial difficulties are being undertaken by the Ministry of Economic Development or the relevant regional authority. CIGD support can be used for a maximum of 12 months either continuously or intermittently.
INPS Circular 26/11/2021 No. 179
Key contacts
Partner Milan
Counsel Milan