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.
INPS, with note no. 19772/2011, clarified that in the calculation and payment of the days of maternity leave public holidays, Sundays and Saturdays (in the case of short week) falling during holidays, illness or other absences have not to be considered.
On October 10th, 2011, the Legislative Decree No. 167/2011 (“Consolidated act of apprenticeship”), after more than two months from the approval by the Council of Ministers, was published into the Official Gazette.
The Law on the apprenticeship (Legislative Decree no. 167/11) punishes in administrative way the lack of written form of the apprenticeship contract.
INAIL (National Institute for Insurance against Accidents at Work), with memorandum No. 6295/2011, specified that the promoter of vocational trainings still has the formal obligation provided for by Article 3, paragraph 1, of the Ministerial Decree No. 142/1998 (enforcing Article 18 of Law No. 196/1997), which provides the obligation to insure trainees against accidents at work at INAIL, as well as for civil liability towards third party at an appropriate insurance company.
Court of Cassation, with order no. 19119/2011, stated that, with reference to the damage, the proof of the amount paid shall be provided through the income tax return or, related to the past profits, the proof by witnesses on the activity performed, pointing out circumstances which could justify the assumption based on which the lack of income is due to extraordinary and temporary conditions.
On September 21st, 2011, Confindustria and trade unions definitively signed the Interconfederational Agreement of June 28th, 2011 about contracts and representativeness, which has become, therefore, entirely effective.
The Legislative Decree definitively approved by the Council of Ministers on September 1, 2011 is in force. The discipline, according to the delegated legislation to the Government provided by Article 54, Law no. 69/2009, provides, through a rationalization and simplification of the special civil rules, that the the most part of the disputes have to be regulated through the three procedure models provided by the civil code of procedure: labor procedure, short procedure and ordinary procedure.
On September 17th, the VAT increase from 20 to 21% stated by the Financial Act came into force. The Ministry of Economic has communicated that Law Decree no. 138 has been sent to the Official Gazette in order to be published on September 16, including the amendment of the commutation law.
