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

26 May 2010 • Insights

Criminal liability of the Employer in case of risk value’s omission about the use of a flat that he gave to an employee (Court of Cassation, IV Penal Section, no. 4939/2010)

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

26 May 2010 • Insights

The accident during the lunch break is not indemnifiable (Court of Cassation, Labour Section no 11150/2010)

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

26 May 2010 • Insights

Unlawful temporary lay-off without the previous communication to the trade unions (Court of cassation, labour section, n. 11254/2010)

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce.

7 April 2010 • Insights

REGISTER OFFICE OF SUPPLEMENTARY HEALTHCARE FUNDS: REGISTRATION BY 30 APRIL 2010

Following approval of Ministry of Labour decree dated 27 October 2009, the supplementary company healthcare funds and the mutual aid organizations, banks and companies challenged for welfare must register with the relevant register office of the supplementary healthcare funds set up at the Ministry by 30 April 2010.

7 April 2010 • Insights

INCENTIVE FOR EMPLOYERS THAT HIRE EMPLOYEES BENEFITING OF “SHOCK ABSORBERS” TREATMENS

With Circular no. 5/2010, INPS explained the conditions required for recognition of the financial incentive introduced by art. 7-ter of Italian Law 33/09.

7 April 2010 • Insights

Dismissal and failed challenge within the terms: the Court of Cassation changes its orientation (Court of Cassation, Labour Section, no. 2676/2010)

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

7 April 2010 • Insights

WORKERS THAT CAN BE USED IN TRAINING OR REQUALIFICATION PROJECTS: INTERMINISTRY DECREE NO. 49281/10

Interministry Decree 49281/10 has been published in the Official Gazette. It implements the provisions contained in Italian Law no. 102/09 concerning professional training and requalification of suspended workers, preceptors of income support treatments.

7 April 2010 • Insights

Fixed term “sliding” contract (Court of Cassation, Labour Section, no. 23761/2009)

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....