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.

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26 mai 2010 • Insights

LABOUR ATTACHMENT: EXAMINATION OF THE AMENDMENTS

Here are some of the main labour law amendments of the so called "Work related act" (presented by the chairman Maurizio Castro, PDL party) that may be examined by the Labour Commission of the Senate:

26 mai 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.

7 avril 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 avril 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 avril 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 avril 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 avril 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 ....

7 avril 2010 • Insights

JOB SECURITY AGREEMENTS IMPROVED

Ministry Decree of 17 November 2009 was published in the Official Gazette. It increases the amount of the salary supplement treatment for job security agreements for workers that will receive 60% to 80% of the remuneration lost subsequent to reduced working hours.