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

3 December 2010 • Insights

Prohibition of unilateral withdrawal from a bonus agreement (Cass. November 22nd, 2010, no. 23614)

Court of Cassation states that the employer who enters into an agreement according to which the employees are entitled to a bonus, may not withdrawal one-sidedness from it.

3 December 2010 • Insights

New sanctions for all the omissions concerning the social security contribution (Court of Cassation no. 23607/2010)

The Court of Cassation specified that, regarding civil sanctions deriving from social security contribution omissions, Law n. 388/2000, repealing in part the principle of “tempus regit actum”, ratified the generalized enforcement of the sanction system, provided for by Law no. 662/1996, to all the contributory omissions, carried out at any time, as long as they exist and if they are verified by September 30th, 2000.

26 November 2010 • Insights

EU COURT OF JUSTICE: SEX EQUALITY RELATED TO RETIREMENT AGE ALSO IN THE PRIVATE SECTOR

EU Court of Justice obliged Italy to raise women’s retirement age for old-age pension in the public sector, to make it equal to the one established for men, starting from 2012.

26 November 2010 • Insights

CONSTITUTIONAL COURT: CLARIFICATIONS ON THE REGIONAL INTERVENTION CONCERNING APPRENTICESHIP

Constitutional Court, with the sentence no. 334/2010, has specified that age limit for compulsory education has been set at 16 years old by national legislator and, therefore, it is forbidden to Regions to reduce it in the regulation of apprenticeship and professional training.

19 November 2010 • Insights

MINISTRY OF LABOUR: LINKED-TO-WORK STRESS ASSESSMENT STARTING FROM JANUARY 1ST 2011

The assessment of the linked-to-work risks will be compulsory starting from January 1st 2011.

19 November 2010 • Insights

LABOUR: THE REFORM OF THE SO CALLED “STATUTO DEI LAVORATORI”

The Minister of Labor, Maurizio Sacconi, decided to prepare the reform of the so called “Statuto dei Lavoratori” (Law no. 300/1970) through the sending to the unions and management of a subordinated legislation bill (“disegno di legge delega”) necessary for framing a new unified, rationalized and simplified text containing labor law provisions.

12 November 2010 • Insights

INPS: REJOINING OF CONTRIBUTIONS ON PAYMENT ONLY

INPS, with circular no. 142 of 5th November 2010, provided new directions for obtaining the rejoining of contributions, in particular specifying that, starting from 1st July 2010, such operation is not free anymore.

12 November 2010 • Insights

SAME CONDITIONS IN CASE OF SECONDMENT

Ministry of Labour, answering to the question no. 33/2010 on the correct application of the Legislative Decree no. 72/2000 concerning the transnational secondment, specified that the employees seconded from abroad to Italian premises shall be granted with the same conditions of the Italian colleagues.