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

10 October 2014 • Insights

Court of Cassation: Qualification as manager only if fully autonomous (Il Sole 24 Ore, 10 October 2014, p. 48)

In its Judgment No. 20949 of 3 October 2014, the Supreme Court of Cassation dismissed an appeal brought by a worker who sought classification as a manager, together with the corresponding pay difference.

9 October 2014 • Insights

JOBS ACT – LABOUR MARKET REFORM – SENATE APPROVES BILL ALLOWING AMENDMENTS ON ARTICLE 18

In its session on Wednesday 8 October the Senate approved the government amendment, entirely replacing the delegating bill no. on labour (so-called “Jobs Act”), the approval of which the Executive had called a confidence vote. The text of the proposal now passes to the Chamber for a second debate.

3 October 2014 • Insights

MINISTRY OF LABOUR: INSTRUCTIONS CONCERNING RELIEF FROM SOCIAL SECURITY CONTRIBUTIONS FOR SOLIDARITY (IL SOLE 24 ORE, 27 SEPTEMBER 2014, P. 14)

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).

3 October 2014 • Insights

JOB ACT AND ART. 18 OF LAW 300/1970: REINSTATEMENT IN THE COMPANY ONLY IN EXTREME CASES (IL SOLE 24 ORE, 1 OCTOBER 2014, P. 5)

Tommaso Nannicini, an economist at the Bocconi University in Milan and one of the closest advisors to Prime Minister Matteo Renzi, confirmed that the Government’s objectives in reforming art. 18 of Law 300/1970 are to specify the “extreme cases” of illegal disciplinary dismissals where job reinstatement will be permissible, whereas real protection will be completely eliminated for economic redundancies.

26 September 2014 • Insights

GOVERNMENT: HALF OF TFR ON THE PAYSLIP (IL SOLE 24 ORE, SEPTEMBER 24, 2014, PAGE 3)

Among the hypotheses under study of the Government also the possibility to transfer 50% of TFR in the employees’ payslips.

26 September 2014 • Insights

Calculation of the longest illness for job protection includes public holidays (Il Sole 24 ore, September 25, 2014, page 47)

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.

19 September 2014 • Insights

INPS: PROGNOSIS BINDING FOR THE EMPLOYEE AND EMPLOYER (ITALIA OGGI, SEPTEMBER 17, 2014, PAGE 33)

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.

19 September 2014 • Insights

DAMAGES DUE TO DISABLE PERSONS NOT HIRED (IL SOLE 24 ORE, SEPTEMBER 18, 2014, PAGE 50)

Disable persons not hired by the company are granted with damages for the period between the commencement day ad the actual first working day.