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

1 August 2014 • Insights

Fixed term contracts: first guidelines of Labour Ministry (Il Sole 24 Ore, July 31, 2014, page 33)

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.

4 July 2014 • Insights

Exceptional Redundancy Fund: agreements up to 8 months (Il Sole 24 Ore, June 28, 2014, page 4)

On June 27, 2014, the Ministry of Labour asked Regions and Autonomous Provinces in 2014 not to reach agreements in 2014 for Exceptional Redundancy Fund (so called “CIG in deroga”) with a duration higher than eight months.

4 July 2014 • Insights

Leaves according to Law 104/92 to relatives of third degree (Il Sole 24 Ore, July 1, 2014, page 33)

Three days paid leaves per month to look after relatives with serious disability can be asked also for relatives and relatives in-law until third degree if the disabled person has not a spouse or parents who can look after him/her.

27 June 2014 • Insights

EXECUTIVES: OUTSIDE FIXED TERM CONTRACTS THRESHOLD (IL SOLE 24 ORE, JUNE 21, 2014, PAGE 19)

Fixed term contracts entered into with Executives do not account as regards the 20% threshold, introduced by the so-called "Jobs Act".

27 June 2014 • Insights

COLLECTIVE DISMISSALS: AFTER THE JUDGMENT OF EU COURT OF JUSTICE, AMENDMENT OF THE LAW 223/91 (IL SOLE 24 ORE, JUNE 24, 2014, PAGE 41)

Collective dismissals are governed by Law 223/91, which excludes from its application Executives (“Dirigenti” in the Italian parlance), according to art. 4 par. 9. Not only the legislator, but case-law and legal doctrine as well considered that collective dismissals discipline is not applicable to Executives, due to the peculiarity of the employment relationship, based on a strong trustworthy bond between them and the employer and the not applicability of the restrictive dismissals rules provided for by Law 604/66.

20 June 2014 • Insights

FIXED TERM CONTRACT FOR REPLACEMENT WITH LESS RESTRICTIONS (IL SOLE 24 ORE, JUNE 16, 2014, PAGE 32)

The fixed term contracts, entered into in order to replace an absent employee, benefit of better treatments. In case of replacement of an employee absent for maternity leave, the employer, who has no more than 19 employees, is entitled to a 50% reduction of the relevant social security contributions.

20 June 2014 • Insights

Constitutional Court: article 32 of law 183/2010 regarding forfeiture term for challenging a fixed term contract is lawful (il sole 24 ore, june 18, 2014, page 47)

Constitutional Court, judgment no. 155 of May 21, 2014, stated the constitutional lawfulness of art. 32, par. 4, letter b), of Law 183/2010, considering fully reasonable the choices taken by the legislator with reference to the Article 3 of the Constitution.

13 June 2014 • Insights

FIXED TERM CONTRACT: THREE DIFFERENT DISCIPLINES DEPENDING ON THE HIRING DATE (IL SOLE 24 ORE, JUNE 9, 2014, PAGE 6)

The Law no. 78/2014 came into effect on May 20, 2014 and, consequently, the fixed-term discipline changed three times in 60 days.