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

17 December 2010 • Insights

COURT OF BUSTO ARSIZIO: INDEMNITY AND COMPENSATION IN CASE OF VOID TERM

The Court of Busto Arsizio, with sentence no. 528/2010, applied for the first time the provision of Law no. 183/2010 (so called “Collegato Lavoro”) that states, in case of conversion of a fixed-term contract – because of formal and substantial unlawfulness – the sentence of the employer to compensate the employee with “an all-comprehensive indemnity ranging from a minimum of 2,5 to a maximum of 12 monthly wages”.

10 December 2010 • Insights

INSPECTIONS: MINIMUM CONTENTS OF THE ACCESS MINUTES

Article 33 of Law no. 183/2010 (so called “Labor Attachment”) provides new and compulsory rules for a more correct and clear procedure concerning the inspection activity in the Labor and Social Security Legislation areas.

10 December 2010 • Insights

THE SENATE APPROVES THE FINANCIAL LAW

The Senate has conclusively approved the financial manoeuvring for the next three years.

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.