HR Consultancy

Jobs Act: the draft law passed to the Senate

Among the innovations provided by the draft law - which completes the so called Jobs Act and was sent to the Senate on the morning of the 1st April, for following a parallel procedure together with that just started for the Decree Law no. 34/2014 - there is the introduction of a contract with increased rights, that will be for companies, as well as the apprenticeship, a little more attractive than fixed-term contract and a little less favourable than permanent employment. Besides, there is the reorganization of the social security cushions: the aim is the immediate removal of the “unemployment benefits in derogation” and the gradual exit from the “Wage Guarantee Fund in derogation”.

More controls on project workers and self-employee with VAT numbers

Strong opposition on the improper use of the contracts with project workers and self –employees with VAT numbers. The Ministry of Labour announced the strengthening of the checks, aiming to identify the unlawfulnesses and to impose sanctions against the irregularities that already in 2013 led to the requalification of 19,000 working positions: 15,495 of them in the services sector, 1,629 in the industry, 1,099 in the building industry and 165 in the agriculture.

The requirement of the criminal record certificate for employers who work with minors

Starting from 7 April, anyone who employs a person for working or volunteering with minors must obtain the criminal record certificate of that employee, to rule out the possibility that he has committed crimes related to the sexual exploitation of minors. This obligation is effective with the entry into force on 6 April of the Legislative Decree no. 39/2014 (Article 2), which  transposes the European Directive 2011/93/EU, on combating the abuse of minors. In case of default, the employer may incur an administrative fine ranging from € 10,000.00 to € 15,000.00. The Office of Criminal Records will provide to the employer a certificate, which shall contain only the inscriptions of the sentences of condemnation for crimes related to pedophilia.

Ministry of Justice, Circular dated 3 March 2014

Supply of workforce on call

The renewal of the “NCBA” of the staff supply agencies promotes the new  form of fixed-term workforce supply agreement “on call”, as an alternative to other forms of flexibility. The worker agrees with the staff supply agency a timeframe of availability; so, he is obliged to answer the call if it falls within the timeframe agreed and may be sanctioned for any unjustified deny. Besides, he is entitled to a minimum guaranteed remuneration. This first experimental applies only in certain sectors, such as tourism, large-scale retail trade, logistics, food sector, agriculture, telecommunications and personal services.

Article 51 of the agreement of renewal of the National Collective Bargaining Agreement of the staff supply agencies, dated 27 February 2014

Litigation and dispute management

New parameters for calculation of attorney fees in contentious and non-contentious matters have entered into force

The regulation setting out the parameters for calculating lawyers’ fees (please see our newsletter for the week from 10 to 16 March) has been published in the Official Gazette on 2 April 2014.  This regulation will apply to calculation of fees starting from 3 April 2014.

Ministry of Justice, Decree dated 10 March 2014, no. 55. Official Gazette dated 2 April 2014. To read the full text of the Decree please click here.

Financial Services and markets regulation

Italy implements AIFMD

Directive no. 2011/61/UE (Alternative Investment Fund Managers Directive, AIFMD) has been implemented in Italy by way of Legislative Decree dated 4 March 2014, published in the Official Gazette on 25 March 2014, which will enter into force on 9 April 2014.  AIFMD sets out harmonized rules applicable to all investment funds other than those considered in Directive no. 2009/65/CE (governing the so called harmonized funds) and provides for the application to fund managers of rules of conduct, transparency requirements, and financial, organizational and risk control requirements similar to those already applicable to harmonized fund management entities.