News & Insights

Recherche, formation et collaborations internationales

Le Centre d’étude de De Luca & Partners gère et coordonne les activités de recherche, de formation (interne et externe) et les activités éditoriales en matière de droit du travail, de protection des données personnelles et de responsabilité administrative des personnes morales.

De Luca & Partners investit en effet dans l’étude et la diffusion de sujets relevant de sa compétence et collabore à ce titre avec le journal italien Sole 24 Ore et avec les principales revues et publications spécialisées.

TOUTES LES NEWS ET INSIGHTS

14 mars 2014 • Insights

Court of Rome: new procedure introduced by law 92/2012 is not applicable to the apprenticeship (Il Sole 24 ore – March 11, 2014 – page 22)

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.

14 mars 2014 • Insights

MINISTRY OF LABOUR: RULES ON PENALTIES FOR THE PAYMENT OF CASH IN HAND OVERTIME (IL SOLE 24 ORE, MARCH 10, 2014, PAGE 22)

Labour Ministry, with note no. 2642/2014, stated that the employer who pays cash in hand overtime is subject to a double penalty.

7 mars 2014 • Insights

THE COMPANY DOCUMENTS SENT TO THE LEGAL ATTORNEY DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, MARCH 6, 2014, PAGE 25)

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed

7 mars 2014 • Insights

THE LABOUR INSPECTOR BECOMES A CONSULTANT (ITALIA OGGI, MARCH 6, 2014, PAGE 36)

With circular no. 6/2014, the Labour Ministry interpreted the new code for labour inspectors stating that their role is not only to ascertain facts constituting violations and consequently notifying irregularities and applying sanctions, but also, as a supervisory body, he/she is formally given the responsibility of providing operational advice to properly implement labour and social security rules, with particular reference to issues of greater social importance, as well as to new laws and interpretations”.

28 février 2014 • Insights

Court of Cassation: clarifications on not material damages (Italia Oggi, February 26, 2014, page 24)

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.

28 février 2014 • Insights

Apprenticeship: amendment to the regional training (Il Sole 24 Ore, February 22, 2014, page 22)

The guidelines of the State-Regions Conference on apprenticeship focus on the regional training which, according to the Consolidation Act of 2011, can not last more than 40 hours per year.

21 février 2014 • Insights

INAIL: communication of RLS name and communication of partner-employees/co-employees/artisans and no artisans assistants (Il Sole 24 Ore, February 15, 2014, page 20)

INAIL, with note no. 11/2014, stated that the following communication have to be made only through electronic modality with the online services accessed from the website of the Institute: (i) the communication of the names of the employees' health and safety representative (so called “RLS”) and (ii) from February 15, 2014, also the communication of the names of collaborators and assistants of family businesses, assistants of commercial companies and partners-employees of business and of companies in corporate form.

21 février 2014 • Insights

Compatibility between unemployment insurance and “accessory work” (Il Sole 24 Ore – February 19, 2014 – page 18)

Art. 8, par. 2-ter, of the Decree called “Milleproroghe” no. 150/2013, approved by the Chamber of Deputies, in the stage of law conversion, provides for that also for the current year the workers who are receiving any kind of unemployment insurances can be employed with the type of so called “accessory work”, provided that the salary is not higher than EUR 3,000 during the solar year, without losing the relevant status and the indemnity paid.