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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.

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ALL NEWS AND INSIGHTS

1 June 2012 • Insights

Court of Rome: formal claim within 60 days against the flexible contracts (Il Sole 24 Ore, May 27, 2012, page 15)

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).

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1 June 2012 • Insights

“AUTOLIQUIDAZIONE INAIL”: SALARIES DECLARATION WITHIN JUNE 18, 2012 WITHOUT APPLICATION OF ANY SANCTION (Italia Oggi, May 26, 2012, page 36)

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.

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1 June 2012 • Insights

THE REFORM OF LABOUR LAW HAS BEEN APPROVED BY THE SENATE ((Italia Oggi, June 1, 2012, page 29)

Senate approved yesterday the bill on the labour law reform, with 231 favorable votes, 33 not favorable votes and 9 abstensions.

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25 May 2012 • Insights

RECRUITMENTS: COMMUNICATION RECTIFIABLE (Italia Oggi, May 23, 2012, page 37)

More time for the corrections of the non-essential data of the mandatory communications to “Centro per l’Impiego”.

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25 May 2012 • Insights

Court of Cassation: companies without risks assessment may not enter into fixed-term contracts (Italia Oggi, May 21, 2012, page 14)

Court of Cassation, with sentence no. 5241/2012, specified that companies which did not execute the risks assessment may not enter into fixed-term contracts.

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18 May 2012 • Insights

RECOVERY OF SOCIAL SECURITY CONTRIBUTIONS: THE COMPLAINT WITHIN FIVE YEARS (Italia Oggi, May 17, 2012, page 39)

INPS, with message No. 8447/2012, stated that the doubling of the prescription period, from five to ten years, for the recovery of the unpaid social security contributions is applicable only if the complaint occurs within five years from the expiry thereof.

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18 May 2012 • Insights

HEALTH AND SAFETY ON WORK PLACES: EXTENSION OF 6 MONTHS FOR THE SMALL COMPANIES (ITALIA OGGI, 16TH MAY 2012, PAGE 41)

Law Decree no. 57 of 12th May 2012, issued on the Official Gazette no. 111/2012, confirmed the validity for further 6 months of the simplified procedures regarding the assessment of the risks for the companies which staffed with up to 10 employees.

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11 May 2012 • Insights

Court of Cassation: it is necessary to challenge the assumed deed (Il Sole 24 Ore, 5 May 2012, page 26)

Court of Cassation, with the decree no. 6721 of 4th May 2012, as opposed to the previous case-law orientation stated from the United Sections of the Supreme Court, specified that, in order to challenge the collection notice issued on a measure notified by mistake, it is necessary to trigger a formal claim challenging the both deeds.

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