News & Insights

Research, training and international collaborations

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.

ALL NEWS AND INSIGHTS

27 April 2012 • Insights

THE SAFETY VALVES REWARD THE SENIORITY (Italia Oggi, 26 April 2012, page 29)

The Labor Ministry, in the consultation no. 9/2012, answers to the national committee of the labor consultants specifying that, in case of company transfer, in the calculation of the length of the employment relationship (which is essential requirement to benefit from safety valves), it is taken into account the seniority accrued within the company in which the employee works.

27 April 2012 • Insights

TAX REFORM: EXTENT OF THE JOINTLY LIABILITY IN THE CONTRACT WORKS (Il Sole 24 Ore, 27 April 2012, page 23)

The art. 2, par. 5 bis, of the Fiscal Decree no. 16/2012, replaces the par. 28 of the art. 35 of the Law Decree no. 223/2006, extending also to the employer the jointly liability between contractor and subcontractors with reference to the payments to the Treasury of the income tax (so called “Irpef”) withholdings on the subordinate employment and of the VAT due on the performances of the contract work.

20 April 2012 • Insights

Court of Cassation: all-embracing indemnity in the case of conversion of fixed term contracts into open ended ones (Il Sole 24 Ore, April 21, 2012, Page 30)

Court of Cassation, with sentence no. 3056/2012 states that the indemnity provided by Law no. 183/2010 (“Collegato Lavoro”) represents a lump sum, all-embracing penalty, including all the damages suffered for the contract term invalidity. Such penalty covers the period from the term expiration until the sentence stating it invalidity and declaring the requalification of the employment.

20 April 2012 • Insights

Labour law reform: amendments on disciplinary dismissals (Il Sole 24 Ore, April 17, 2012, Page 6)

Tiziano Treu and Maurizio Castro of Labour Commission announce that the provision on disciplinary dismissals, as provided in the labour law reform (Article 14, Paragraph 4), will be amended, coming back to the previous version.

13 April 2012 • Insights

Extension of the social safety valve for compagnie of the Commercial Sector (Italia Oggi Aprile 11, 2012 – Page 32)

With Decree March 14, 2012, published on Official Journal no. 83/2012, the Ministry of Labour has estended until the end of 2012 the extraordinary playoff intervention (CIGS) and “mobilità”, within the limit of 45 million Euros, for companies of the Commercial Sector with more than 50 employees, turism operators with more than 50 employees and vigilance companies with more than 15 employees.

13 April 2012 • Insights

One indemnity in the case of contract conversion (Italia Oggi, 13 aprile 2012, pag. 27)

Message no. 7/2012 of “Fondazione studi dei consulenti del lavoro”, which provides an analysis of the contracts in the light of the labour law reform, underlines that, with reference to damages in the case of conversion of fixed term contracts into open ended ones, only one indemnity is due, from 2,5 up to 12 months of the last salary.

6 April 2012 • Insights

Court of Cassation: the need to face a peak of activity increase is enough for entering into temporary job contracts (Il Sole24 Ore April 3, 2012 – Page 21)

Court of Cassation, with sentence no. 2521 of January 24, 2012, denies the major case law of the judges of first instance on temporary job, confirming that “the need to face a peak of activity increase” is enough for entering into a fixed term temporary job contract.

6 April 2012 • Insights

LABOUR LAW REFORM (Il Sole 24 Ore – April 5, 2012 – page 1)

Government issued the bill concerning labour law reform.