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Think Tank

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.

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Insights

Court of Milan: job position suppressed, no reinstatement (Il Sole 24 Ore, January 6, 2013, page 21)

Court of Milan, with sentence of November 28, 2012, stated that the breach of the obligation of so called repachage makes the dismissal for justified objective reason unlawful,…

Insights

Court of Cassation: the employee who has sent a medical certificate late cannot be dismissed (Il Sole 24 Ore, January 5, 2013, page 20)

The Court of Cassation, with decision No. 106/2012, has stated that the employee, actually sick, cannot be dismissed only because he did not send the certificate in time,…

Insights

VAT COLLABORATIONS: AFTER THE PRESUMPTION OF COLLABORATION INTRODUCED BY THE REFORM, THE CLARIFICATIONS OF MEMORANDUM NO. 32 AND OF THE MINISTERIAL DECREE DATED 20 DECEMBER (Il Sole 24 Ore, December 28, 2012, page 13)

The circular of the Ministry of Labour No. 32/2012 and the Ministerial Decree dated December 20, 2012 clarified, in the light of the so called Fornero Reform (Law…

Insights

ASPI GRANT IS NOT DUE BY SEASONAL COMPANIES (Italia Oggi, December 27, 2012, page 31)

Ministry of Labor, with question no. 42/2012, specified that seasonal companies will not pay ASpI additional. The new grant, indeed, effective from January 1, 2013, equal to 1,4%…

Insights

MUTUAL TERMINATIONS: THE INDEMNITY IS RETROSPECTIVE (Il Sole 24 Ore, December 19, 2012, page 30)

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. With…

Insights

Constitutional Court: rejected the reform on training (Il Sole 24 Ore, 20 December 2012, page 28)

The Constitutional Court, with decision No. 287/2012, has decided that the reform of training provided for by Article 11 of Legislative Decree No. 138/2011 (converted into Law No.…

Insights

PARENTAL LEAVES: NEWS IN THE SO CALLED “DEVELOPMENT DECREE” AND IN THE “ANTI-OFFENCES EU DECREE” (IL SOLE 24 ORE, DECEMBER 9, 2012, PAGE 25)

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…

Insights

MINISTRY OF LABOUR: IDENTIFIED THE ACTIVITIES WHICH MAY BE PERFORMED ONLY WITH EMPLOYMENT RELATIONSHIP (Il Sole 24 Ore, December 12, 2012, page 30)

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…

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