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Frequently Asked Questions(FAQ)

We at D-LABOR know how complicated it can be in the world of employment law to find the information you need to carry out a particular practice.For this very reason we have decided to collect the most frequently asked questions in this area in the section below. Consult them to find the answers you are looking for.If not, you can contact us directly to resolve your paperwork.

Companies

Yes but leave taken during the notice period postpones the end date of the notice period itself and, therefore, of the termination of the employment contract.

Yes, but the assignment of the car to the employee for mixed use results in the employee receiving compensation in kind to be shown in the paycheck and subject to contribution and taxation. The fringe benefit is exempt if it does not exceed in the tax year the value of €258. The budget law has provided, also for the year 2025, that this exemption amount is raised to €1000 (€2000 for those with dependent children).

Yes, because the limits imposed by the regulations on remote control of employees, do not apply to the tools used by the employee to render work performance (e.g., computer). However, the employer is not allowed to carry out indiscriminate and preventive controls on the generality of employees, it is always necessary to comply with certain rules:

  1. the check on the employee's computer cannot be carried out to see how the employee is working but whether working is harming the company;
  2. the check on the employee's computer must not violate privacy regulations;
  3. the employer is obliged to indicate, by means of clearly and specifically drafted and adequately publicized internal regulations, what are considered proper ways of using work tools and whether, how and to what extent controls are carried out.

Yes, the relief can apply also to workers who are recipients of NASpI, i.e., persons who (having filed for the grant) are entitled to the benefit but have not yet received it. The incentive may apply with reference to workers who have already received notice of the acceptance of the application for unemployment benefits and hired no earlier than the effective date of the benefit awarded to the worker.

Yes, it is mandatory to communicate the posting electronically, using the Unilav Form, Transformation framework. This communication is a requirement for the posting employer and must be made within 5 days, even in case of partial posting. Failure to do so will result in an administrative penalty of €100 to €500.

No, the law stipulates that the worker is entitled to such paid leave in the event of the death of a spouse, relative within the second degree, or cohabitant (provided that stable cohabitation with the worker is evidenced by registry certification). No entitlement, therefore, in the case where the death affects relatives-in-law.
It is advisable to check that the collective bargaining agreement applied in the company does not provide for better terms.

In any case, since they are company-paid leave, the employer can always decide to grant such leave to the employee equally, with the understanding that it sets a precedent.

Privates

No, both in case of early termination of injury and in case of resumption of work at the end of the prognosis period, it is necessary for the worker to have a certificate of fitness for work to perform the service.

Yes, the employer can ask INPS to conduct the check at the employee's on-call residence, during the scheduled times (10 a.m.-12 p.m. and 5 p.m.-7 p.m.) on all days included in the prognosis.

Yes, the posted worker is entitled to the same remuneration that he would have received had he he had performed the service at his usual location, and in addition he is paid a specific allowance, i.e., economic compensation in addition to or as an alternative to expense reimbursement.

No, as this is deferred compensation that is due to the employee upon termination of employment. However, under certain conditions, it is possible to ask the employer for an advance payment of severance pay.

Yes, as long as the requirements of the law are met, as it is always involuntary loss of employment by the worker.

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