Italian Legislative Decree no. 231/2001 all-round administrative liability of companies

Ten years from the enactment of Italian Legislative Decree no. 231/2001, the liability of companies for crimes committed by employees has not lost its original impetus.

Ten years from the enactment of Italian Legislative Decree no. 231/2001, the liability of companies for crimes committed by employees has not lost its original impetus. Adopting international conventions against corruption, the fines to companies who gain advantage or have an interest in having crimes committed by their employees have overturned one of the suppositions of our judicial system according to which an entity could not be considered the perpetrator of a crime. In addition, the original list of crimes, focussed on violations of correct relations between companies and public administration (from corruption to fraud against the State), has been supplemented with corporate or financial crimes, crimes against individuals, copyright violations, transnational crimes, money laundering, violations of the more severe laws disciplining occupational safety and, in a few days, based on proposal from the Council of Ministers, environmental crimes.

The magistracy seems to be more focussed and to a certain extent more creative in terms of these laws particularly regarding the scope of interested subjects which has been gradually extended to include sole proprietorships and non-profits.

Lastly, the Ministry of Justice is drawing near to submitting a Draft Law to amend parts of Legislative Decree no. 231/2001, the central point will be reinforcement of organisational models – which more and more companies are required to adopt – through a certification mechanism. This Draft Law also recognises for the first time, a specific nature for groups of companies and relations between parent companies and subsidiaries and envisages favourable laws for the establishment of supervisory bodies within small enterprises.

 

 (Source il Sole 24 Ore)

Second level company agreements

The main purpose of company labour agreements is to establish uniform rules which the involved employer and employees must comply with, however, using a mechanism which make it possible to adapt general type regulations to specific situations which meet the real needs of the individual companies.

The main purpose of company labour agreements is to establish uniform rules which the involved employer and employees must comply with, however, using a mechanism which make it possible to adapt general type regulations to specific situations which meet the real needs of the individual companies. Company bargaining also has the job of regulating the matters it is delegated by the national contract and law, which are not already the subject matter of agreement in other bargaining levels. Therefore, in order to stimulate the stipulation of agreements, the law and national bargaining have envisaged that particular incentives (tax and social security) will be connected to the existence of de-centralised collective bargaining and have introduced elements to guarantee remuneration paid to employees of companies lacking company bargaining.

 

(Source il Sole 24 Ore)

INPS (Italian National Institute of Social Insurance): unemployment benefits incompatible with full time work

INPS, with its circular letter no. 67/2011, clarified that unemployment benefits are only incompatible with fulltime, open ended work.

INPS, with its circular letter no. 67/2011, clarified that unemployment benefits are only incompatible with fulltime, open ended work. Resuming employment as a part-time or with short-term contract, allows remaining on the unemployment rolls and receiving the relative benefits although in a lesser amount.

 

(Source il Sole 24 Ore)

Work: draft is ready for the agreement between State and Region on refinancing welfare provisions.

The President’s Office of the Council of Ministers distributed the agreement scheme yesterday for a 24 month extension on various forms of income assistance, including exemption for welfare provisions.

The President’s Office of the Council of Ministers distributed the agreement scheme yesterday for a 24 month extension on various forms of income assistance, including exemption for welfare provisions. The draft, which should be signed next week during the State-Region Conference, envisages for exempt welfare provisions for this year and 2012, that the Government and Regions will allocate an endowment totalling 2.6 billion of which 1.6 from the Government and the remaining billion guaranteed by the Regions that, for that purpose, will use EU funds and the remainder of resources committed but not spent in 2009-2010.

 

(Source il Sole 24 Ore)

Trattamento di fine rapporto (Severance indemnity)

In March the coefficient for revaluation of the portions of “trattamento di fine rapporto” (Severance indemnity) accrued at 31 December 2010 was equal to 1.192576.

In March the coefficient for revaluation of the portions of trattamento di fine rapporto accrued at 31 December 2010 was equal to 1.192576.

 

(Source il Sole 24 Ore)

Countdown for Mod. 730 tax return

Taxpayers who have decided to use tax assistance from their employer or pension entity have until next 2 May to submit their Mod. 730 already filled in and signed, together with a sealed envelope containing the selection sheet for 8 per mille and 5 per mille (0.8% and 0.5% allocations).

Taxpayers who have decided to use tax assistance from their employer or pension entity have until next 2 May to submit their Mod. 730 already filled in and signed, together with a sealed envelope containing the selection sheet for 8 per mille and 5 per mille (0.8% and 0.5% allocations). The tax return in question may also be transmitted electronically. However, in this case, the withholding agent must have set up a dedicated website and given employees personal user names and passwords, as recently explained by the Agenzia delle Entrate (Tax Authority).

In addition, taxpayers who use direct tax assistance supplied by their withholding agent have the obligation of keeping the documents for this year’s tax return until 31 December 2015, the deadline within which the tax authorities may request them.

For taxpayers who have decided to use the assistance of a Caf or licensed professional (work consultant, accountant, bookkeeper or expert) the deadline for submitting the return and envelope is 31 May of this year.

 

(Source il Sole 24 Ore)

Notification of nighttime work

With the approval by the Council of Ministers of the legislative decree which disciplines “access to early pension for those who perform particularly heavy-duty work” the notification obligations have increased for employers.

With the approval by the Council of Ministers of the legislative decree which disciplines “access to early pension for those who perform particularly heavy-duty work” the notification obligations have increased for employers. In particular, the nighttime employment of workers who, continuously or within regular periodic shifts, perform their job for at least six hours and for a minimum of 78 working days per year, must be communicated each year to the local Provincial Labour Office and social security institutions. This notification – which must be sent electronically – also regards those who for the entire year work for at least three hours between midnight and five in the morning. An addition obligation requires notification to the Provincial Labour Office at the start of jobs which involve personnel assigned to assembly lines.

Failure to provide such notification shall result in a fine of 500 to 1,500 euro for the employer, reduced if paid by a certain deadline.

 

(Source il Sole 24 Ore)

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