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 Ministry of Labour, answering to the consulting no. 12/2011, has clarified that, in case of a free-lance contract on project basis stipulated with a self-employee who is not resident, the parties may agree in order that the payment of contributions be realized by the collaborator and not by the contractor.
The Ministry of Labor, with questioning no. 8/2011, clarified the effects deriving from part-time employment contracts entered into overcoming the limit established by the collective bargaining, providing that the violation of such limit causes the irregularity of the company and the consequent failed issue of the document regarding the contributive regularity (so called “DURC”).
On February 26, the trade unions Confcommercio, Fisascat-Cisl and Uiltucs-Uil signed a draft of separate agreement for the renewal of National Collective Bargaining Agreement for the Commercial sector, with effects - for some specific provisions and for the economic part – starting from January 1 2011 until 31 December 2013.
The Law Decree so called “Milleproroghe” is effective.
Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the claim object or to the lack of specification of facts and de jure reasons, the precise individuation of the plaintiff’s claim through the assess of the claim, which is carried out by the judge, has to be impossible so that the defendant would not be able to perform an adequate defense.
With Law Decree no. 5/2011, the Italian Council of Ministry confirmed that next 17th March 2011 shall be a national holiday, for the 150th years from Italy Unity.
Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative Decree no. 276/2003.
Memorandum no. 3 of Minister of Labor and Italian Revenue Agency established that the tax reduced rate (10%), applicable up to 6,000 Euro salary, is levied to the employees of the private sector who do not earn more than 40,000 Euro gross in 2010 and for the part of the salary connected with productivity increases.