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

3 February 2012 • Insights

INPS CLARIFICATION FOR REQUESTS OF ORDINARY LAYOFF (ITALIA OGGI, January 31, 2012 – Page 31)

With the note no. 141/2011, Italian social security Institute (so called “INPS”) run the temporary period to pass to the on-line modality for the application to obtain the ordinary layoff.

3 February 2012 • Insights

THE COMPENSATION IS EXTENDED OVER THE AGE OF RETIREMENT (IL SOLE 24 ORE, February 3rd, 2012, page 30)

The Court of Cassation, with sentence No. 1462 of December 20th, 2011, has stated that the damages compensation which has to be paid to the employee, in the case of reintegration in the workplace as a result of unfair dismissal, has to include not only the period between the date of dismissal and the retirement but also the subsequent periods.

27 January 2012 • Insights

GOVERNING DIRECTORS AND ASSOCIATES OF LIMITED COMPANY: DOUBLE SOCIAL SECURITY CONTRIBUTIONS

An associate of a limited company who works in the company itself and has also the position of governing director has to pay, for the first activity, the social security contribution to INPS “Gestione Commercianti” and, for the second activity, to INPS “Gestione Separata” provided for the collaborators.

27 January 2012 • Insights

Staff supply: the lack of prompt challenge is considered tacit consent of the relationship termination

The Court of Padova, labour section, with sentence of January 17th, 2012, stated that the supply worker’s behavior who does not challenge the contract promptly and accepts further work supply contracts is considered a tacit consent of the termination of the previous supply relationship.

20 January 2012 • Insights

THE REGULAR SOCIAL SECURITY CONTRIBUTIONS ARE NOT SUBJECTED TO ONESELF DECLARATION

The Ministry of Labour has saved the Sole Document of Social Security Contribution Regularity (so-called “DURC”) from the “decertification” introduced by Article 15 of Law No. 183/2011.

20 January 2012 • Insights

Sales representative: seizure just for a fifth

The compensation of the sales representative shall be seized up to the fifth. Court of Cassation, acknowledging the so called “par condicio” between public and private sector after the last legislative reforms, with the sentence no. 685 of January 18th, 2012, rejected the appeal triggered by creditors of a sales representative who claimed a seizure superior to a fifth of the sales representative compensation.

13 January 2012 • Insights

CONFERENCE STATE – REGIONS: EMPLOYEES TRAINING ON HEALTH AND SAFETY AT WORK

The permanent conference for the relationship between State, Regions and independent provincial district of Trento and Bolzano, on December 21, 2011, entered into two agreements between the Ministry of Labor, Ministry of Health, Regions and independent provincial district of Trento and Bolzano concerning the training of employees on prevention and protection from risks at work places including:

13 January 2012 • Insights

DURC: IT IS NO LONGER REQUIRED FOR THE ENJOYMENT OF REDUCTION AND GRANTS

In connection with the modifications introduced by Law No. 183/2011 (so-called “Stability Act 2012”) to the Consolidated Act of the law and regulation provisions regarding the administrative documentation (Presidential Decree No. 445/2000) in order to allow a complete «decertification» in relations between the public administration and the private,