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 – criminal section, with sentence filed on April 12, 2001, stated that, concerning administrative liability of corporate bodies, the Company is liable even if the profit of the crime has been gained in a date before that Legislative Decree no. 231/01 becomes effective.
The Court of Bassano specified that the reasons for the supply of employees have to be interpreted according to rules which are different from the ones traditionally used to judge the reasons grounding the fixed-term contract.
Local collective contract, which represents a requirement of enforceability of the tax relief on amounts referred to competitiveness and productivity, may be retroactive.
The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt.
Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the stipulation of a fixed-term staff leasing contract and has stated that technical, organizational, productive or substitutive reasons set forth by law have not to be pointed in detailed in the aforementioned contract because in the European law restrictions for using staff leasing contract are forbidden.
The Ministry of Labour, with memorandum No. 10/2011, gave a broad interpretation of the provisions of the so called “Collegato Lavoro” (Law No. 183/2010) concerning the sanctions application.
On March 22, 2011 the Decree of the President of the Ministers’ Council (D.P.C.M.) n. 275/2010 became effective. The mentioned decree carried into effect the provision of Article 2, paragraph 3, Law no. 241/1990, related to the duration of the administrative proceedings of the Ministry of Labor not exceeding ninety days.
Certification of employment contracts may help to prevent litigation on labour issues only when it is used in a way coherent with its own aims, clearly set in the Law Decree no. 276/2003.
