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.
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 Legislative Decree on leaves, absences and permits was published in the Official Gazette number 173 on July 27th, 2011. The purpose of the decree, according to its Article 1, is also to “rationalize and simplify the documents to be sent” in order to enjoy leaves from work and, to this end, the maternity leave is made more flexible.
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.
INPS, with message no. 14490/2011, pointed out that the Government had removed the exemption provided for the employers which substitute the Institute in order to pay the sick employee, as in the case of Tertiary sector.
The reformation regarding INPS collection entails the issue of the first charge notices which the companies are receiving in these days.
INPS, with message no. 14448/2011, provided some clarification on the sentence no. 116/2011 according to which the Constitutional Court declared the female employee right, in case of premature birth and hospitalization of the child, to use the compulsory leave period as of the actual entry of the newborn child in the family. The same right is granted to the father if he uses the leave instead of the mother for death or serious illness of the latter, abandonment of the child by the mother or the father sole custody of the child.
In the circumstance a person carries out an activity being shareholder and has been appointed as director in a limited company of the commercial sector, it shall take into account which is the predominant activity between those mentioned above and the possible coexistence of different pension scheme on the same subject in order to establish if the registration in the relevant pension scheme is compulsory or not.
