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.
A decree of the Ministry of Labour dated 29 June 2009 changed the procedure for applying for this special redundancy fund in the event of a company crisis consequent to a “sudden and unexpected event”.
The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.
The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.
The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.
Social security contribution reliefs on performance bonuses for 2009 are still unavailable.
The General Department for the inspection activity of the Welfare, Labor and Health Ministry, with deed no. 69 of 10 September 2009, clarified that those employees who have been hired with apprenticeship agreements are entitled to receive, at the same time, the additional contribution called “piccola solidarietà” as well as the extraordinary pay addition treatment.
As of 20 August 2009 some new obligations and procedures for risk assessment and for completion of the required documentation become effective.
The Supreme Italian Court, decision n. 1778 of 30 July 2009, has assessed that in case of potential redundancies the employer is entitled to impose vacation periods even for long lasting periods.
