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.
Vittorio De Luca and Giorgio Giannini were speakers at the seminar “Individual dismissals after the Fornero reform” organised by Ordine dei Dottori Commercialisti e degli Esperti Contabili on 19 April.
The Ministry of Labour and Welfare State, with note no. 15/2013, has explained that the right of benefiting of the tax reduction for performance incomes in the measure of 10% (requirements of which have been set by the Decree of Prime Minister no. 75 published on the “Official Gazette” on March 29) takes effect from the date of the individual or territorial agreements undersigned. So it’s not necessary the registration at the Territorial Department (or Direction) of Labour in charge.
Court of Cassation, with sentence no. 8611 of April 9, 2013, stated that the employer’s statements included in the injury denunciation report may have a value of confession because in the trial they can be used against the employer to the purpose of the ascertainment of liability regarding the injury suffered by the employee.
The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against the employee.
On March 29, the Decree of the Prime Minister, approved on January 22, was published on the “Official Gazette”.
Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.
Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.
The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with the Unions for the choice of the employees to be dismissed can be just one and it can be represented by the imminence of retirement, if it allows to make a strict classification and it can be applied and controlled without employer’s discretional choice.
