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.
Some of the most important changes introduced by implementing decree no. 80 which became effective on 25 June 2015 and containing the measures for reconciliation between family needs and work, include the possibility of asking for parental leave to use up until the child is 12 years old, which is paid at 30% up to six years, and the possibility of using parental leave in hours, alternatively to part-time at 50%.
Two new decrees implementing the wide employment law reform of 2015 (so-called Jobs Act) have just been published on the Italian Official Gazette
The so-called “Code of contracts”, contained in Italian Legislative Decree no. 81 which became effective 25 June 2015, dedicates the entire 5th section to the outsourcing of work, which has been reinforced in a context of a complete revision of the previous laws as per the Biagi Decree (Legislative Decree 276/2003). With the specific reference to the outsourcing of short-term work, the delegated legislator, on one hand has confirmed the “acausal nature” of the same without time limits (unlike the 36 months established for a short-term contract) and at the same time has introduced new bans. With this Reform, the user no longer has the option to use this type of work or layoffs or redundancy benefits in the event of a company crisis, which were all allowed previously.
The implementing legislative decree of the Jobs Act on the overhaul of contract types is ready for publication in the Official Gazette.
The Legislative Decree on contracts passed by the Council of Ministers reforms article 2103 of the Civil Code including the possibility for employers to unilaterally change a worker’s job duties within the same level and contractual legal employment category. Thus it will no longer be necessary to perform an evaluation on the equivalence of the duties for the purpose of clarifying the legitimacy of ius variandi.
In the new provisions for temporary work contracts, contained in the implementing legislative decree of the Jobs Act on the overhaul of contract types, the referral to applicable “objective cases” governed by Ministerial Decree of 23 October 2004 was not spared. It in turn referred to activity of a non-continuous nature already identified by a Royal Decree of 1923.
The code of contracts brings some significant changes to laws regarding part-time work. To cite only the most important ones, in terms of overtime the reform states that the employer’s request for performance of overtime may regard more than just single days, but also weeks or months and, even without specific collective provisions, the employer can ask the employee to perform additional work compared to the reduced hours, for up to 25% of the agreed upon weekly hours of work.
Alberto De Luca, of De Luca & Partners, was involved as a lecturer at the course “New flexibilities and work productivity” organised by Convenia in Milan (18-19 June 2015) and Rome (23-24 June 2015).
