News & Insights

Research, training and international collaborations

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.

ALL NEWS AND INSIGHTS

18 February 2011 • Insights

LAW DECREE “MILLEPROROGHE”: DEADLINES INTRODUCED BY THE SO CALLED “COLLEGATO LAVORO” ARE POSTPONED

With the approval by the Senate of the Law Decree “Milleproroghe”, deadlines for dismissal challenges are postponed.

11 February 2011 • Insights

No just cause of dismissal if employer accept the behaviour (Court of Cassation no. 35/2011)

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship, in order to legitimate the measure.

11 February 2011 • Insights

REDUCED TAXATION FOR THE PRODUCTIVITY BONUS

The labor consultants and the professional associations (among which “AIDP”) agree on the proposal for the interested companies of suspending the reduced taxation levied on the amounts paid for overtime, night and shift work and related to productivity increases. The mentioned proposal is suggested though the fiscal incentive introduced by Law Decree no. 93/08 has been extended by Law no. 220/10 (so called “Legge di stabilità”).

4 February 2011 • Insights

15 DAYS MORE FOR THE DISABLED FORM

The Ministry of Labour, with memorandum dated 31th January 2011, informed that the term for the sending of the disabled workers form, originally provided for 31st January 2011, is extended to 15th February 2011.

4 February 2011 • Insights

FIXED-TERM CONTRACTS WITH INDEMNITY

After the coming in force of the so called “Collegato Lavoro”, Courts stated on compensation issue in case of fixed-term contract conversion into an open-ended one.

28 January 2011 • Insights

Court of Cassation: To dismiss twice is lawful

Supreme Court – disregarding its previous guideline based on art. 18 Law no. 300/70 – with sentence no. 1244/2011, stated that employer who already dismissed an employee for just cause or justified ground, may communicate to the same employee a second dismissal, provided that the last one is due to different cause or ground.

28 January 2011 • Insights

HIGHER SANCTIONS FOR BALANCING DEBTS WITH TAX OFFICE

As tax subject is concerned, starting from February 1st, 2011, will come in force new higher sanctions applicable in case of: i) judicial settlement, referred to claims filed from the date abovementioned;

14 January 2011 • Insights

DISABLED FORM

The sending of the disabled workers form, provided for by the Law no. 68/99, may be executed from 15th to 31st January 2011.