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

25 October 2013 • Insights

LABOUR: UNA TANTUM INDEMNITY FOR PROJECT EMPLOYEES (ITALIA OGGI, OCTOBER 24, 2013, PAGE 33)

INPS, with message 16961 of October 22, provided some clarifications about the special indemnity granted to project employees (so called “co.co.pro.”) by Fornero Reform.

25 October 2013 • Insights

The transfer of the employee which is not justified is unlawful (Il Sole 24 Ore, October 21, 2013, page 38)

Court of Cassation, with sentence no. 20913 of September 12, 2013, stated that technical, organizational and productive reasons justifying the transfer of the employee must be described in detail and must not be generic.

18 October 2013 • Insights

STABILITY DECREE: COMPLETE REFUND OF THE ADDITIONAL CONTRIBUTION OF 1,4% IF THE EMPLOYER REQUALIFIES THE FIXED TERM CONTRACT INTO AN OPEN TERM ONE (IL SOLE 24 ORE, OCTOBER 17, 2013, PAGE 5)

The last version of the Stability Decree, issued by the Government on October 16, confirms the change of the Article 2, paragraph 30, of Fornero Reform on “company’s benefit” for the transformation of fixed term contracts, by deleting the words “within the limits of the last six months”.

18 October 2013 • Insights

Court of Cassation: new duties only in writing (Il Sole 24 Ore, October 14, 2013, page 41)

Court of Cassation, with sentence no. 21922 of September 25, 2013, rejected the appeal of a company against the decision of the Court of Appeal which stated that employee’s behavior who claimed her new duties must be assigned in writing is lawful.

11 October 2013 • Insights

MINISTRY OF LABOUR: THE COLLECTIVE BARGAINING MAY DISCIPLINE THE MINIMUM PERIOD BETWEEN TWO FIXED TERM CONTRACTS (IL SOLE 24 ORE, OCTOBER 5, 2013, PAGE 26)

The Ministry of Labour, with note n. 31/0005426 of October 4, provided answers to some questions on the minimum period of time between two fixed term contracts.

11 October 2013 • Insights

INCOME REVENUE AUTHORITY: TAXATION OF SELF-EMPLOYEES EXPENSES REIMBURSEMENT (IL SOLE 24 ORE, OCTOBER 7, 2013, PAGE 30)

Income revenue authority, with note no. 49/E/2013, stated that expenses reimbursement paid to self-employees have not be taxed as different incomes if the performance is free.

4 October 2013 • Insights

YOUNG PEOPLE BONUS USED UP IN TWO REGIONS (IL SOLE 24 ORE, OCTOBER 4, 2013, PAGE 31)

The requests for hiring bonus (of young people aged under 30 years old) have arrived to 7,841 in three days, far away from the overall capacity guaranteed by the budget for 2013 which covers about 20 thousands hiring or stabilization.

4 October 2013 • Insights

Court of Cassation: good behavior and will of refunding the damage save the work place (Il Sole 24 Ore, October 1, 2013 page 29)

Court of cassation, with sentence of September 30, 2013, no. 22321, stated that the ten-year blameless behavior and the will of refunding the damage caused to the employer save the employee who pockets the reimbursement of a trip never done from the dismissal.