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

27 December 2013 • Insights

INPS: THE EMPLOYER IS ENTITLED TO THE 50% OF ASPI THAT WOULD BE GRANTED TO THE EMPLOYEE HIRED (ITALIA OGGI, DECEMBER 23, 2013, PAGE 37)

INPS, with note n. 175/2013, provided for the employment bonuses for unemployed workers. The employer who hires with an open term contract unemployed employees who are benefiting of the Social Insurance for Employment (so called “Aspi”), is entitled to 50% of Aspi that would still be granted to the abovementioned employees.

27 December 2013 • Insights

INJURIES AT WORK, EXTENDED LIABILITY (IL SOLE 24 ORE, DECEMBER 23, 2013, PAGE 31)

In case of injury at work, according to art. 299 of the Legislative Decree 81/2008, the position of guarantee assigned to the employer is taken by the one who concretely executes the juridical powers of the employer.

20 December 2013 • Insights

HIRING DISABLED EMPLOYEES: NEW PROCEDURE (IL SOLE 24 ORE, DECEMBER 14, 2013, PAGE 23)

The Ministry of Labour, with note no. 16522 of 12 December 2013, provided briefings on online procedures for the communications by employers who have to hire employees with disabilities.

20 December 2013 • Insights

Court of Cassation: the rejection of the economic incentive must be justified by the employer (Il Sole 24 Ore, December 19, 2013, page 31)

Court of Cassation, with sentence no. 28311/2013, stated that the difference in assessing the professional skills of the employee by the employer must not come to the denial of an economic incentive without a suitable justification.

13 December 2013 • Insights

MINISTRY OF LABOUR: DURC DENIED, A “GRACE PERIOD” IS PROVIDED (ITALIA OGGI, DECEMBER 12, 2013, PAGE 33)

The Ministry of Labour, in answer to question no. 33/2013 made by the National Council of Labour Consultants, pointed out that when a "cause impediment" (referred to in table A attached to Ministerial Decree of October 24, 2007) the DURC (“Unique Document of Contribution Regularity”) is not released from the assessment date of the violation.

13 December 2013 • Insights

Court of Cassation: biological damage has to be proved in case of omitted rests (Il Sole 24 ore, December 9, 2013, page 39)

Court of Cassation, with sentence no. 26398 of November 26, 2013, stated that the company who allows employee to skip rest shifts is not obliged to refund the biological damage if this was not proved.

6 December 2013 • Insights

INAIL: THE INDEMNITIES OF “IN ITINERE” ACCIDENTS (IL SOLE 24 ORE, DECEMBER 2, 2013, PAG. 34)

Inail, with note n. 52 of October 23, provided the framework of the rules for the accidents “in itinere” occurred to the employee during missions, in the hotel room and during travelling from the hotel to the work place.

6 December 2013 • Insights

Court of Cassation: production bonus is not company custom (Il Sole 24 Ore, December 2, 2013, page 33)

Court of Cassation, with sentence no. 25730 of November 15, 2013, stated that production bonus represents a supplementary element of the salary which cannot be considered as company custom.