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.
The Court of Cassation, with sentence no. 14071/2013, stated that the companies which have been punished for the breach of the rules concerning security on workplace are not entitled to the fiscal benefits and to the employment incentives.
The Court of Cassation, with sentence no. 13240 of May 28, 2013, clarified that the partner of a general partnership is liable for the missed payment of unpaid social security contributions by the company. In the general partnerships all partners are jointly liable without limits for corporate obligations.
Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function.
The National Work Accident Insurance Institute (so called “INAIL”), with note no. 27/2013, confirmed the extension of the reductions introduced by the “stability” Law 2012 even to INAIL contributions for the contracts with trainees entered into from January 1, 2012 up to December 31, 2016.
The Supreme Court, IV criminal section, with sentence no. 21628 of May 20, 2013, confirmed that, regarding security in the work place, the liability for the injury at work is charged on the members of the Board of Directors, unless, throughout a deliberation, the guarantee position is assigned to just one of the directors.
The intervention put in place by the Government for refinancing the Special Redundancy Fund (so called “Cassa Integrazione Guadagni in deroga”) does not affect the resources available for the tax reduction of productivity incomes in the year 2013; it affects, however, the fund for the tax reliefs concerning the social security contributions of productivity agreements which will have to be implemented and regulated by decree of the Ministry of Labour.
The National Institute for Social Security (so called “INPS”), with note no. 77 of May 13, 2013, provided some clarifications about the recognition of daily indemnity of illness and parental leave for the employees enrolled in INPS Special Fund.
The employee, reinstated by the Court, must not be transferred in different premises from the ones where he/she worked at the time of employment termination, unless the employer does not demonstrate the existence of technical, productive or organizational needs, which makes the change of the work place necessary.
