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.
On June 28, 2011, CGIL, CISL and UIL signed an agreement that states that if a company agreement is approved by the majority of the Unitary Trade Union Representatives (so called “RSU”), or of the Company Trade Union Representatives (so called “RSA”), the relevant provisions are effective for all the employees and are binding for all the trade unions which signed the agreement.
Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an employee of the superior duties regarding the mentioned job places – each one for a period shorter than that one referred to in art. 2103 of Italian Civil Code - assumes to be caused by real organizational need, aimed to maintain the interruptive effect of the revocation of the superior duties’ assignment.
The Ministry of Labour, with memorandum no. 15/2011, explained the formalities for the fulfillment of the communication obligation introduced by Legislative Decree no. 67/2011, which has regulated the benefit of early retirement for employees assigned to arduous and heavy jobs.
Court of Cassation, with sentence no. 12103/2011, specified that the joint exam at the Ministry of Labour for applying to the lay-off extraordinary intervention itself does not guarantee the lawfulness of the procedure.
Within June 25, 2011 the employers have to send a communication to the local labour Authority (“Direzione Provinciale del Lavoro”) competent for the area and to the relevant social security institutions for the admission of the employees assigned to repetitive jobs to the pension benefits (Article 5, paragraph 2 of Legislative Decree No. 67/2011).
Court of Cassation, with sentence no. 22334/2011, stated that de facto administrator of a company is liable for breach of rules regarding work safety but solely in the circumstances of proof of interference in managing the company.
On June 9, 2011 the final version of the Legislative Decree - realization of one delegation of the so called “Collegato Lavoro” (Law no. 183/2010) - which aims to simplify and reorganize the provisions concerning the regulations of leaves for employees of public and private sectors, was approved by the Council of Ministers.
Court of Cassation, with sentence no. 10341 of May 11, 2011, stated that indemnity in lieu of unused vacations and weekly rests is not considered as item of salary but compensation for damages.
