News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

3 October 2014 • Insights

JOB ACT AND ART. 18 OF LAW 300/1970: REINSTATEMENT IN THE COMPANY ONLY IN EXTREME CASES (IL SOLE 24 ORE, 1 OCTOBER 2014, P. 5)

Tommaso Nannicini, an economist at the Bocconi University in Milan and one of the closest advisors to Prime Minister Matteo Renzi, confirmed that the Government’s objectives in reforming art. 18 of Law 300/1970 are to specify the “extreme cases” of illegal disciplinary dismissals where job reinstatement will be permissible, whereas real protection will be completely eliminated for economic redundancies.

26 September 2014 • Insights

GOVERNMENT: HALF OF TFR ON THE PAYSLIP (IL SOLE 24 ORE, SEPTEMBER 24, 2014, PAGE 3)

Among the hypotheses under study of the Government also the possibility to transfer 50% of TFR in the employees’ payslips.

26 September 2014 • Insights

Calculation of the longest illness for job protection includes public holidays (Il Sole 24 ore, September 25, 2014, page 47)

Court of Cassation, judgment no. 20106 of September 24, 2014, has stated again the principle according to which for the calculation of the period of job preservation in the case of illness also public holidays have to be included when illness occurred also in the day after or before it, because a continuing illness event is presumed to occur.

19 September 2014 • Insights

INPS: PROGNOSIS BINDING FOR THE EMPLOYEE AND EMPLOYER (ITALIA OGGI, SEPTEMBER 17, 2014, PAGE 33)

The Inps, with message no. 6973/2014, clarified that in case of sickness the doctor's prognosis is binding for both the employee and the employer.

19 September 2014 • Insights

DAMAGES DUE TO DISABLE PERSONS NOT HIRED (IL SOLE 24 ORE, SEPTEMBER 18, 2014, PAGE 50)

Disable persons not hired by the company are granted with damages for the period between the commencement day ad the actual first working day.

12 September 2014 • Insights

FIXED-TERM CONTRACT: THE FIRST HIRING AFFECTS FOR THE THRESHOLD (IL SOLE 24 ORE, SEPTEMBER 10, 2014, PAGE 39)

For the purposes of identification of threshold for hiring with fixed-term contracts, in the case of companies that started the business activity during the year (start-up), the number of open-ended term employees in force at the time of the first employee hired with fixed-term contract has to be taken into account.

12 September 2014 • Insights

Court of Cassation: sanctions in case of conversion of a temporary staff leasing (Il Sole 24 ore, September 9, 2014, page 40)

Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing.

5 September 2014 • Insights

INPS: PAYMENT OF CONTRIBUTIONS FOR SOLIDARITY FUND (ITALIA OGGI, SEPTEMBER 3, 2014, PAGE 37)

INPS, with note no. 100 of September 2, 2014, provided for the instructions for payment to the new residual solidarity Fund (introduced through DM 79141/2014). The payments are due by companies – to which redundancy fund is not applicable – with more than 15 employees.