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.
INAIL, with note No. 3760/2012, has clarified that the social security contribution irregularity for the obtainment of the so called “DURC” cannot be declared if the company was not primarily invited to the regularization, giving a period of 15 days.
Court of Cassation, with the sentence no. 9644 of the June 13th, 2012, stated that with reference to the disciplinary sanctions the advertising guarantee of the disciplinary code through the post accessible to everyone, is not applied in case the disciplinary proceeding is referred to circumstances regarding a breach of basic duties related to the employment relationship.
The Ministry of Employment, with the answer to the question no. 16/2012, specified that the request of compliance advice to the bilateral authorities does not represent an obligation for the employer but a chance and a guarantee on the proper drafting of the individual training plan.
The Court of Cassation, with judgment No. 9199/2012, stated that the employer should not simply adopt safety measures at work suggested by the fully-developed technology, but has also to supervise that these measures are applied by the employees.
The maximum limit for tax reduction, stated by Article 33, paragraph 12, of the Law No. 183/2011 (so-called “Legge di stabilità 2012”) in EUR 835 million, caused the lowering of the salary maximum amount of the private sector employee involved in the benefit, which decreases to EUR 30 thousand of annual gross salary and to EUR 2.5 thousand of maximum limit.
The Court of Rome, with sentence no. 8841 of May 15th, 2012, stated that the suspension - provided for by the Law no. 10/2011 (law which converted the so called “Decreto Milleproroghe”) - until December 31st, 2011 of the new terms of claiming, established by the art. 32 of Law no. 183/2010 (so called “Collegato Lavoro”), is not referred to the flexible contracts (among others, staff leasing contracts, fixed-term contracts and contracts on project basis).
INAIL, with note No. 3341/2012, stated that employers, who have not complied with the regulative deadline of March 16, 2012 concerning the communication of salaries paid in 2011, may regularize their position making the abovementioned declaration within June 18, 2012, thus avoiding the risk of the application of the administrative sanction equal to EUR 770.
Senate approved yesterday the bill on the labour law reform, with 231 favorable votes, 33 not favorable votes and 9 abstensions.
