SOMMARIO 1. THE CREATION OF WORKING RELATIONS

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2 SOMMARIO PRESENTATION... AUTHORS... XVII 1. THE CREATION OF WORKING RELATIONS 1. Definition Features and types Part-time employment contract Essential requirements and elements Form and content of the contract Observations Trial period agreement Conversion of the employment contract Procedures and requirements INPS INAIL EMPLOYEE REGISTER (LUL) Offences and penalties Application for registration with INPS Notice of activity to INAIL Reporting changes to INAIL Omission or misrepresentation of registration or mandatory notice Prior notification of appointment and variation (COB) Omissions related to the employee register (LUL) TRANSLATION SELF EMPLOYMENT, EMPLOYMENT AND TYPE OF CONTRACTS 1. Definitions Features and types Fixed-term contract Right of precedence and ban on discrimination Disputes Supply of labour Protection of leased workers Supply of labour and Service contract Disputes Cost of labour XV Wolters Kluwer V

3 3. Observations Apprenticeship Cost of labour Discontinuous work Intermittent work Accessory work Procedures and requirements Fixed-term employment Supply of labour Apprenticeship Penalties Fixed-term contract Supply of labour Apprenticeship TRANSLATION DUTIES, STATUS AND FORMS OF REMUNERATION 1. Definitions Duties and status of the worker Remuneration Features of remuneration Art. 36 and the function of the courts Forms of remuneration Forms of protection of remuneration Requirements of remuneration Establishing remuneration Equal pay for men/women Adults/minors Principle of equal treatment Obligatory nature of remuneration Ban on reducing remuneration The principle of all-inclusiveness Observations Fixed items of remuneration The issue of absorption Further distinctions Procedures and requirements Duties Remuneration Payslip Offences and penalties Remuneration Payslip VI Wolters Kluwer

4 6.3. Employee Register TRANSLATION OBLIGATION OF SOCIAL SECURITY AND OBLIGATION TO PAY CONTRIBUTIONS 1. Definition Features and types Obligation to pay contributions Obligatory social security Social security classification Requirements and essential elements Contribution Taxable income for the purposes of social security Observations Principle of competence Procedures Reporting and paying contributions Payment of contributions using the F24 form Offences and penalties Failure to submit or late submission of the monthly contributions report TRANSLATION SEVERANCE INDEMNITY 1. Definition Features and types Requirements and essential elements Observations The payment of severance pay into complementary social security schemes Payment of the severance indemnity in the pay packet Early payment of the severance indemnity Penalties TRANSLATION TAXATION OF INCOME FROM EMPLOYMENT 1. Definition Features and types Wolters Kluwer VII

5 2.1. Taxation system Type of taxation Requirements and essential elements Calculation of withholding tax Income from employment Observations Settlement of payment at the end of the year or upon termination of employment Single Certification Form (CU) Form Form Penalties TRANSLATION OBLIGATIONS OF THE PARTIES IN THE WORKING RELATIONSHIP 1. Definitions Features and types Obligations of the worker Diligence and obedience Loyalty and non-competition Obligation of confidentiality Obligations and powers of the employer Executive power Monitoring powers Disciplinary power Safety obligations Observations Non-competition agreement Prohibition of discrimination Employment of the disabled Procedures and requirements Recruitment of disabled workers Penalties Monitoring powers Safety obligations Disabled persons Prohibition of discrimination TRANSLATION VIII Wolters Kluwer

6 8. ILLNESS AND ACCIDENTS AT WORK 1. Definition Features and types Requirements and essential elements Period of grace Calculation of the period of grace Timespan for calculating the period of grace Holidays or unpayed leave extending the period of grace Certification Health checks Performance of work during a period of sick leave Remuneration Those entitled to remuneration Direct payment of the benefit by INPS Period of entitlement to benefit Amount of benefit paid by INPS Daily overall average remuneration (RMG) Top-up payment to be made by the employer Cases in which the payment of sickness benefit is excluded Early return to work Observations Procedures Offences and penalties TRANSLATION MATERNITY AND PATERNITY 1. Definition Features and types Requirements and essential elements Protecting health and safety before birth Termination of pregnancy or child s death Maternity leave Early abstention from work Maternity leave: pay and legislative aspects Payment of benefit Top-up payment to be made by the employer Direct payment by INPS Paternity leave Wolters Kluwer IX

7 Leave for working fathers as envisaged under the Fornero Law Parental leave How to take parental leave Extension of parental leave Parental leave: pay and legislative aspects Daily rest period (breast/bottle feeding) Leave to assist a sick child The child s illness Assessment of the state of illness Parents holidays and child s admittance to hospital Certification Pay and legislative aspects Observations Vouchers and baby sitting Procedures and requirements Antenatal period: obligations for working mothers Antenatal leave: obligations for the working mother Paternity leave: obligations for working fathers Leave for working fathers under the Fornero Law: obligations for workers Parental leave: obligations for workers Daily rest period (breast/bottle feeding) Leave to assist a sick child Offences and penalties TRANSLATION PERMITS AND LEAVE 1. Definition Features and types Requirements and essential elements Permits for disabled workers and special leave Disability permits Rights of working parents of persons with disabilities Special leave Study permits and sabbatical leave Exam permits Leave for training Marriage leave Leave for personal reasons Right to three days leave X Wolters Kluwer

8 Two years leave Compassionate leave Early return to work Gender Violence Leave Observations Transfer of the worker: restrictions Right of a disabled person to choose the place of work Procedures and requirements Permits for disabled workers extension of parental leave special leave Study permits and sabbatical leave Marriage leave Leave for personal reasons Right to three days leave Two years leave Gender violence leave Offences and penalties Disability permits Study permits/leave TRANSLATION WORKING HOURS, HOLIDAYS AND REST PERIODS 1. Definition Regulatory developments Features and types Normal working hours Overtime Night work Rest period Requirements and essential elements Multi-period working hours Overtime Night work Holidays Daily rest period Weekly rest period Breaks Public holidays Observations Managerial staff Procedures and requirements Wolters Kluwer XI

9 6. Offences and penalties TRANSLATION WORKER MOBILITY 1. Definitions Place of work Business trips Transfer Posting Transfer of business and business unit Features and types Business trips and transfers Posting Transfer of business and business unit Requirements and essential elements Business trips and transfers Posting Transfer of a business Observations International posting Procedures and requirements Foreign posting within the EU Foreign posting outside the EU Transfer of business and business unit Penalties TRANSLATION INDIVIDUAL DISMISSAL 1. Definition Features and types Just cause for dismissal Definition Conduct of the worker Disciplinary proceedings Subjective justified reason Definition and comparison with just cause Disciplinary proceedings Objective justified reason Definition Reasons for dismissal Preventive conciliation procedure XII Wolters Kluwer

10 2.4. Dismissal at will Nullity of dismissal Appeal Offences and penalties Consequences of illegitimate dismissal: real protection Consequences of illegitimate dismissal: obligatory protection Consequences of null dismissal Observations Contract with so called proportional protection INPS social security contributions in the event of dismissal TRANSLATION COLLECTIVE DISMISSAL 1. Definition Concept of collective redundancies Requirements and essential elements Numerical and temporal requirements Exclusions Procedures and requirements Stages of the procedure Selection criteria Offences and penalties Observations Collective dismissal for non-entrepreneurs TRANSLATION RESIGNATION AND CONSENSUAL TERMINATION 1. Definition Definition and regulatory developments Features and types Resignation Consensual termination Requirements and essential elements Observations Resignation in the event of marriage Resignation of a working mother/father Procedures and requirements Validation of resignation Confirmation of consensual termination Mandatory contribution Wolters Kluwer XIII

11 6. Offences and penalties TRANSLATION UNIONS AND COLLECTIVE BARGAINING 1. Trade union rights and the role of collective bargaining Trade Unions Collective bargaining The new collective bargaining process and trade union representation criteria Corporate and joint union representatives RSA and RSU Trade union rights TRANSLATION XIV Wolters Kluwer

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