Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

The deadline for creating and adapting the bilateral solidarity funds, that in the ratio of Fornero Reform should safeguard the coverage of the ordinary layoff procedure (CIG) in all the sectors where it is not provided, is set on July 18, 2013.

Categories: Case Law

Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession because in the trial they can be used against the employer to the purpose of the ascertainment of liability regarding the injury suffered by the employee.

Categories: Legislation

The Ministry of Labour and Welfare State, with note no. 15/2013, has explained that the right of benefiting of the tax reduction for performance incomes in the measure of 10% (requirements of which have been set by the Decree of Prime Minister no. 75 published on the “Official Gazette” on March 29) takes effect from the date of the individual or territorial agreements undersigned. So it’s not necessary the registration at the Territorial Department (or Direction) of Labour in charge.

Categories: Case Law

The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against the employee.

Categories: Legislation

On March 29, the Decree of the Prime Minister, approved on January 22, was published on the “Official Gazette”.

Categories: Case Law

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.

Categories: Case Law

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.

Categories: Case Law

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for different duties, but it can dismiss him/her when equivalent duties to be assigned do not exist.