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.
The rules for challenging a dismissal changed: the suspension established by the Law Decree no. 255/2010, so called “Milleproroghe”, which postponed the coming into force of the deadline introduced by art. 32 of the so called “Collegato Lavoro”.
The Ministry of Labour has replied to the interpellation No. 49/2011 of the National Council of Labour Consultants on the method used for the computation of the 36 months in order to benefit the total social security contributive reduction provided for by Article 8, paragraph 9, of Law No. 407/90 (in favor of companies operating in the South of Italy for the hiring of recruit unemployed and redundant employees from at least 24 months), specifying that the benefit is due from the day of actual employment of the employee.
Court of Cassation, with sentence no. 38927 of October 27, 2011, has stated that the employer who, with the purpose to gain the benefit of the ordinary or extraordinary layoff, has not revealed the existence of several orders involving significant amounts which evasion would allow the ordinary activity of the company without suspending the retributive obligation and the consequently fallout of the costs on the collectivity, commits the crime of aggravated fraud (art. 640-bis of the Italian Criminal Code).
The Council of Ministers, in its meeting of December 23, 2011, approved the Law Decree so-called “Milleproroghe”, with which some certain deadlines – whose postponement is absolutely necessary in order to assure efficiency and effectiveness of the administrative action and of structures appointed to essential functions - were extended.
The Parliament published in the Official Gazette No. 300 of December 27, 2011, the Law of December 22nd, 2011, No. 214, of conversion into law of the Law Decree of December 6, 2011, No. 201, concerning “Urgent provisions for growth, equity and public accounts consolidation”.
INPS, with message No. 24126/2011, clarified that the pension right attainment according to the provisions in force before the coming into effect of the Legislative Decree No. 201/2011 (so-called “Save Italy Decree”) is subject to the accrual, within December 31st, 2011, of age and contributive seniority requirements provided for by the previous regulation.
Ministry of Labour, with note no. 0006154 of December 20, 2011, has clarified the recent news introduced by the Decree dated September 20, 2011 - issued to the Official Gazette n. 282 of December 3, 2011 -
On December 14th, 2011, Confcommercio, Cgil, Cisl and Uil signed an agreement in order to identify a transitional regulation concerning the apprenticeship so called “professionalizzante”.
