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.
With Circular No. 23/2014, the Ministry of Labour has enunciated the process for the granting of relief from social security contributions that, starting 21 March 2014, accompany solidarity contracts supported by the Extraordinary Redundancy Benefit Fund (CIGS).
Court of Cassation, judgment no. 20106 of September 24, 2014, has stated again the principle according to which for the calculation of the period of job preservation in the case of illness also public holidays have to be included when illness occurred also in the day after or before it, because a continuing illness event is presumed to occur.
Among the hypotheses under study of the Government also the possibility to transfer 50% of TFR in the employees’ payslips.
The Inps, with message no. 6973/2014, clarified that in case of sickness the doctor's prognosis is binding for both the employee and the employer.
Disable persons not hired by the company are granted with damages for the period between the commencement day ad the actual first working day.
Court of Cassation, judgment no. 18861 of September 8, 2014, specified that sanctions provided for by art. 32, par. 5, Law no. 183/2010 (so called “Collegato Lavoro”), are applicable not only in case of conversion of fixed term employment relationship into an undetermined one, but also to conversion of temporary staff leasing.
For the purposes of identification of threshold for hiring with fixed-term contracts, in the case of companies that started the business activity during the year (start-up), the number of open-ended term employees in force at the time of the first employee hired with fixed-term contract has to be taken into account.
Court of Cassation, judgment no. 18678 of September 4, 2014, confirmed the lawfulness of a dismissal noticed to a “strategic” absentee employee even if the sick leave was not exceeded.