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.
The Decree of June 15, 2013 (so called “Decreto Fare”) approved by the Council of Ministers modified the regime of joint and several liability in the work on contract, partially repealing article 35 of the Decree no. 223/2006.
With note no. 5056/2013, INAIL clarified that the employer has to provide to the institute all the information on the risk assessment for allowing the inquiry of the dossiers on occupational illness. In case of lack of communication the administrative sanction of 929.00 Euro, stated by article 19 T.U., is applicable.
With the publication on “Official Gazette” no. 133/2013 of the Ministerial Decree of March 29, 2013, it was implemented the regulation stated in the paragraph 19, article 2 of the Law 92/2012. The mentioned rule gives the possibility for the beneficiary of the monthly treatment Aspi or mini Aspi to request the payment of the indemnity in a unique solution for financing or developing a new full time self-employment.
The attrition of the employee who has voluntarily exposed himself/herself to extreme work does not involve the employer’s responsibility under article 2087 of the Italian Civil Code because the employee has the right to refuse the performances that may cause a detriment of health.
The Court of Cassation, with sentence no. 14071/2013, stated that the companies which have been punished for the breach of the rules concerning security on workplace are not entitled to the fiscal benefits and to the employment incentives.
The Court of Cassation, with sentence no. 13240 of May 28, 2013, clarified that the partner of a general partnership is liable for the missed payment of unpaid social security contributions by the company. In the general partnerships all partners are jointly liable without limits for corporate obligations.
The National Work Accident Insurance Institute (so called “INAIL”), with note no. 27/2013, confirmed the extension of the reductions introduced by the “stability” Law 2012 even to INAIL contributions for the contracts with trainees entered into from January 1, 2012 up to December 31, 2016.
Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function.
