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 memorandum No. 116/2011, explained the possibility for gathering, free from charge, the social security contributions credited in more than one social security program, even if the holders have already accrued a pension treatment.
Starting from September 13, 2011 the employer can no longer require to the employee the sending of the health certificate paper copy but he has to examine the mentioned employees’ certificates through INPS’ services only.
Article 18, paragraph 2, Law By Decree No. 98/2011, repealed paragraph 10-bis of Article 19, Law By Decree No. 185/2008 which provided for the extension of the mobility allowance also to the employees not entitled to the ordinary treatments ex Article 7, Law No. 223/1991.
The Court of Cassation, with sentence No. 17093/2011, declared that the judge, on the one hand, has to interpret the flexibility that the provision concerning the dismissal for “justified subjective reason” offered him (as well as for “just cause”) in order to adapt it to a social context which develops continuously; on the other hand, however, the judge’s evaluation of the future reliability of the employee, on which the decision to deny the lawfulness of the dismissal is based, cannot digress in the employer’s sentence of organizational choices that otherwise he would not have taken
The Council of Ministers approved the Decree of the President of the Republic of July 28th, 2011 which introduces measures in order to enlarge the health and safety protection of employees who perform the working activity in workplaces entailing risks concerning the evolvement of highly injurious substances or of gases, such as silos, cisterns, wells (so called “confined environments”).
Court of Cassation, with sentence no. 16192/2011, stated that oral quarrel among colleagues including “some push and jerk” does not justify a disciplinary dismissal of both “rivals”.
Legislative Decree July 7, 2011, No 121, named "Implementation of Directive 2008/99/EC on the criminal protection of the environment, and Directive 2009/123/EC amending Directive 2005/35/EC on ship-source pollution and introduction of penalties for violations", has been published in the Official Gazette, General Series No 177, on August 1, 2011.
The law which states the doubling of the terms for the expiration of the tax assessment action within tributary crime is in compliance with the Italian Constitution, even if the statement of the crime was pointed out when the ordinary terms were already expired.
