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.
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.
The reform of the fixed-term contract by the Law Decree 34/2014 requires the compliance with the threshold provided by the collective agreement. In lack of collective provisions, the threshold is equal to 20% of the employees hired with open ended contract, with provision of a transient period expiring on December 31. Such period is granted to employers in order to comply with the said limit in 2014.
Court of Cassation, joined sections, judgment no. 18353 issued on August 27, 2014, stated that the waiver of reinstatement on the workplace (as a consequence of an unlawful dismissal), replaced by the indemnity in lieu (payment of 15 monthly installments), entails the final termination of the employment relationship;
The Labour Ministry, with decree n. 83117/14, has established the new fund of 400 million for the exceptional redundancy fund and mobility treatments.
Court of Cassation, judgment no. 18046 of August 20, 2014, confirmed the case-law guideline based on which irregular staff leasing is subject to the sanction introduced by Law 183/2010: if the work relationship turns into an undetermined contract as a consequence of an irregular staff leasing, the worker is entitled to damages ranging from 2,5 and 12 monthly installments of the last overall compensation.
INPS, with circular no. 98 of August 6, 2014, stated that the applications for benefits provided for the recruitment of unemployed that took place in 2012, should be submitted by September 30, 2014.
INPS, with communication issued on its website, specified that unemployment indemnity timeframes are not considered in the calculation of the threshold for the completion of the contributive requirement, set for by law, for being entitled to benefit ASPI.
Labour Ministry, with note no. 18/14 of July 30, provided for first operational guidelines on the news introduced by Law Decree no. 34/2014 regarding fixed term contracts, staff leasing and apprenticeship.
