News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

3 May 2017 • Insights

Unfair dismissal: the indemnity paid to the unfairly dismissed manager must be taxed

The Lombardy Territorial Court, with judgement No. 33/33/17, confirmed that the indemnity paid to a manager consequently to unfair dismissal challenged judicially and settled (the Industry Executives National Collective Bargaining Agreement applied to this specific case) is not compensatory in nature and is thus subject to taxation. As a matter of fact, this indemnity may ....

2 May 2017 • Insights

DID YOU KNOW THAT… there are new rules regarding joint liability for tender contracts?

Law decree No. 25 has been converted into Law No. 49 dated 20 April with which, among other things, on the topic of tender contracts, the benefit of prior discussion of the main debtor (introduced in 2012) has been abolished. Therefore, the client may be attacked even before the contractor for any wage claims, social ....

2 May 2017 • Insights

The Legislative Decree that amends the procedures for the fight against bribery and corruption in the private sector has been approved. There is news also for the Organizational Models

On 30 March 2017, Legislative Decree No. 38/2017, related to the fight against bribery and corruption in the private sector has been approved. This piece of legislation extends the range of active subjects committing the offence as detailed in art. 2635 of the civil code, including – in addition to those that hold actual key ....

2 May 2017 • Insights

The decree implementing the so-called “Ape sociale” has been signed

On 19 April 2017, the President of the Council of Ministers signed the decree implementing the so-called “Ape sociale”. This is an experimental measure, effective from 1 May 2017 to 31 December 2018, designed to accompany to retirement disadvantaged workers or those who are under conditions of distress. In particular, the workers who can benefit ....

2 May 2017 • Insights

INPS Message 1652 dated 14 April 2017; vouchers and transitional period

As known, with decree No. 25/2017, approved in March by the Government and converted into law by Parliament (law No. 49/2017), the regulation regarding casual work has been repealed and, consequently, the abrogative referendum has been cancelled. INPS, with message No. 1652 dated 14 April 2017, has thus issued instructions to guide the operators in ....

2 May 2017 • Insights

Dismissal is acceptable if exceeding the protected period is due to another illness

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected period, declaring the legitimacy of the order. In fact, the Court has confirmed the line of thought according to which absences connected to the status of disability ....

2 May 2017 • Insights

Court of Cassation: dismissal of working mothers is void

The Court of Cassation, with judgement No. 475, filed on 11 January 2017, intervened in the matter of dismissal of working mothers, stating once again that dismissal ordered to a working mother at the beginning of the pregnancy until her child is one year old is void and ineffective. In the specific case, the Court ....

2 May 2017 • Insights

Minutes of the conciliation meeting: voided if the worker has been deceived

The Court of Cassation, with judgement No. 8260 dated 30 March 2017, reforming the judgement of the Court of Appeal with jurisdiction in the territory, accepted the complaints of a worker who had signed the minutes of a conciliation meeting at the union’s and then requested them to be voided with the goal of having ....