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 Court of Cassation, with sentence No. 11465/2012, stated the principle based on which a company, which needs to obtain a more efficient management in order to face an economic downturn, may dismiss an employee for “justified grounds” (so called “giustificato motivo”).
INPS, with message No. 11019/2012, stated that the renewal agreements have not to be registered at the Labor Local Direction (so called “DTL”) for the recognition of the social security contribution reduction applicable on the amounts provided for by the second level contracts.
Law no. 92/2012, containing “Provisions on the labor market reform in a development perspective”, has been issued on the Ordinary Supplement no. 136 to the Official Gazette of July 3, 2012.
The labor market reform provides a new regulation concerning the loss of the economic treatments for income support, both during and afterwards the working relationship.
The big novelty for the employers referred to the “flexibility in entrance” regards the fixed-term contracts.
The Bill of the labor market reform has been approved yesterday at the Chamber: 393 favorable votes, 74 opposite votes and 46 abstentions.
The Supreme Court, with the sentence no. 9965 of the April 11th, 2012, stated that the employer who reinstates only partially an executive of the company union representative, just paying the salary and acknowledging him/her the trade rights but refusing his/her work performance, is subject to administrative sanction provided for by the art. 10, par. 8, of the Law no. 300/70 (so called “Statuto dei Lavoratori”) (i.e. payment of an amount equal to the daily wage due to the employee, for each day of delay, in favour of the INPS Fund for the pensions adjustment).
INAIL, with note No. 3760/2012, has clarified that the social security contribution irregularity for the obtainment of the so called “DURC” cannot be declared if the company was not primarily invited to the regularization, giving a period of 15 days.
