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.
Ministry of Labour replied negatively to the question no. 10/2014, with which it has been required if the staff performing the activity of inbound/outbound call center may be hired with the so called “job on call” contract, regardless from personal data and objectives requirements.
The text of the amended paragraph 1 of Article 1 of Legislative Decree no. 368/2001 provides, as only condition to be followed by companies entering into the new fixed term contract, the limit of 20% of the workforce.
Law Decree no. 34/2014, which became effective on March 21, 2014, abrogated the obligation for the fixed term employment contracts to be based on justifying reasons (i.e. technical, productive, organizational and replacement reasons), previously requested as essential condition for the lawfulness of temporary contracts exceeding 12 month duration.
The Court of Cassation, with judgment no. 6110 of yesterday, stated that the dismissal of executive can be justified for any cause supported by reasons in compliance with law and by a global assessment.
Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.
Labour Ministry, with note no. 2642/2014, stated that the employer who pays cash in hand overtime is subject to a double penalty.
Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed
With circular no. 6/2014, the Labour Ministry interpreted the new code for labour inspectors stating that their role is not only to ascertain facts constituting violations and consequently notifying irregularities and applying sanctions, but also, as a supervisory body, he/she is formally given the responsibility of providing operational advice to properly implement labour and social security rules, with particular reference to issues of greater social importance, as well as to new laws and interpretations”.
