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. 1462 of December 20th, 2011, has stated that the damages compensation which has to be paid to the employee, in the case of reintegration in the workplace as a result of unfair dismissal, has to include not only the period between the date of dismissal and the retirement but also the subsequent periods.
An associate of a limited company who works in the company itself and has also the position of governing director has to pay, for the first activity, the social security contribution to INPS “Gestione Commercianti” and, for the second activity, to INPS “Gestione Separata” provided for the collaborators.
The Court of Padova, labour section, with sentence of January 17th, 2012, stated that the supply worker’s behavior who does not challenge the contract promptly and accepts further work supply contracts is considered a tacit consent of the termination of the previous supply relationship.
The Ministry of Labour has saved the Sole Document of Social Security Contribution Regularity (so-called “DURC”) from the “decertification” introduced by Article 15 of Law No. 183/2011.
The compensation of the sales representative shall be seized up to the fifth. Court of Cassation, acknowledging the so called “par condicio” between public and private sector after the last legislative reforms, with the sentence no. 685 of January 18th, 2012, rejected the appeal triggered by creditors of a sales representative who claimed a seizure superior to a fifth of the sales representative compensation.
The permanent conference for the relationship between State, Regions and independent provincial district of Trento and Bolzano, on December 21, 2011, entered into two agreements between the Ministry of Labor, Ministry of Health, Regions and independent provincial district of Trento and Bolzano concerning the training of employees on prevention and protection from risks at work places including:
In connection with the modifications introduced by Law No. 183/2011 (so-called “Stability Act 2012”) to the Consolidated Act of the law and regulation provisions regarding the administrative documentation (Presidential Decree No. 445/2000) in order to allow a complete «decertification» in relations between the public administration and the private,
The rules for challenging a dismissal changed: the suspension established by the Law Decree no. 255/2010, so called “Milleproroghe”, which postponed the coming into force of the deadline introduced by art. 32 of the so called “Collegato Lavoro”.