By Olimpio Stucchi and Marilena Cartabia

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The so-called “proximity contract” is void when it does not specify the factual reasons behind the decision of the parties to derogate some legal provisions in order to achieve one of the objectives established by art. 8 of the Law Decree no. 138/2011.

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The new Directive introduces a series of minimum requirements to reach the equality between men and women with regard to labour market opportunities and treatment at work, promoting the work-life balance, introducing new rules on paternity leaves, parental leaves, leaves for caregivers and on flexible working arrangements.

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The new implementing Decree of the Minister of Economy and Finance, just published on the Official Journal, establishes how to access to the fiscal incentives for investments (made both by individuals and legal entities) on Start-up and innovative small-medium enterprises.

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The so-called “Growth Decree”, now converted into law, has introduced several news for employers: the previous regulation on the so-called “danno differenziale” (i.e. the difference between the amount of indemnity granted by the INAIL in case of work accident and the amount of the damages that can be claimed in court against the employer), valid until January 1, 2019, has been fully restored. Moreover, the so called “contratto di espansione” (i.e. “expansion contract”), which shall replace the s.c. “solidarity expansive contract”, has been introduced for a trial period. Finally, it has been introduced a partial tax exoneration for employers in case of hiring of high school graduates.

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When a company risks to be placed under extraordinary administration, the engagement of an external consultant is not incompatible with the company ordinary asset: the Court therefore rejected the claim of an employee, who, after accusing the external consultant to interfere with his tasks, affirmed to be victim of professional demotion.

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The employee who interrupts the service for mere personal reasons can be sanctioned with a “conservative sanction” (i.e. a disciplinary sanction that allows him to preserve his job); however, he can be terminated for disciplinary reasons if the has already committed other disciplinary offences, sanctioned by the employer: the further violation of his duty arising from the employment relationship irremediably breaches the fiduciary duty.

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If the employee becomes permanently physically unable, he can be dismissed only under certain conditions. The employer, indeed, shall rigorously ascertain that there is no possibility to assign the employee to a different activity, linked to his ongoing tasks (or equivalent/inferior tasks), as long as  such new activity can be profitably exploited within the company, in compliance with the organizational asset established by the employer himself.

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It is lawful to dismiss for just cause the employee who abuses of the special leaves of absence under Law 104/1992: the employee, who stayed at home instead of going to take care of his sick relative, was framed by the report of a private investigator.

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The new circular letter of the INPS provides indications on tax incentives for employers hiring, through a full time open-ended subordinate contract, employees enjoying the so-called citizen income.

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The Minister of Labour gave operational instructions on the new procedure for “encouraged retirement”: when employees are close to retirement, the employer can choose to pay an extra amount of social security contribution in order to allow them to obtain immediately the “early pension” or “seniority pension”.

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On July 15, 2019, Federchimica, Farmindustria, Filctem-cgil, Femca-cisl and Uiltec-uil have defined the contractual welfare measures addressed, as from January 2020, to employees under the NCBA Chimicals and Pharmaceuticals.

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