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 unemployment indemnity is retrospective for the employees terminated for objective justified reasons who reached a mutual termination agreement through the settlement procedure after last July 18.
The Ministry of Labour, with memorandum No. 29/2012, has identified a black list for the free-lance relationship on project basis, indicating - by way of example and not limitation, according to the existing case law guidelines - a series of duties which, for their peculiarity, could never be executed with collaboration contract.
Law no. 9/2012 (so called “Fornero Law”) extends to father employees, from January 1, 2013, one day leave compulsory (more two days as optional) for the birth of the son/daughter which can be enjoyed within the first five months of the latter.
The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled to their monetization even if the national collective agreement refers only to the enjoyment of the holidays and not to the indemnity in lieu (the latter, in fact, is an inalienable right guaranteed by the Constitution).
The Ministry of Labour, with note No. 12886/2012, has specified that the dismissal of an employee due to the exceeding of the grace period for sickness is excluded from the conciliation attempt since it is not a hypothesis of the new case of dismissal for just cause introduced by Law No. 92/2012.
The Ministry of Labour, with note No. 16636/2012, has updated the procedures - announced on August 9, 2012 and in force at an experimental stage - for the communications which have to be delivered by the companies for the execution of the job on call employees working activity.
On December 20, 2012 INAIL will publish the announcement concerning INAIL incentives for safety. The 2012 announcement allocates EUR 225 million, 78 of which to be transferred to the regions of Veneto, Lombardia and Emilia Romagna for seismic events, and others EUR 9 million for the financing of organizational models.
The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the dismissals ordered before the date of entry into force of Law No. 92/2012 (so called “Fornero Reform”), i.e. before July 18, 2012, although the litigation started after that date.
