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

7 April 2010 • Insights

INCENTIVE FOR EMPLOYERS THAT HIRE EMPLOYEES BENEFITING OF “SHOCK ABSORBERS” TREATMENS

With Circular no. 5/2010, INPS explained the conditions required for recognition of the financial incentive introduced by art. 7-ter of Italian Law 33/09.

7 April 2010 • Insights

Dismissal and failed challenge within the terms: the Court of Cassation changes its orientation (Court of Cassation, Labour Section, no. 2676/2010)

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

7 April 2010 • Insights

WORKERS THAT CAN BE USED IN TRAINING OR REQUALIFICATION PROJECTS: INTERMINISTRY DECREE NO. 49281/10

Interministry Decree 49281/10 has been published in the Official Gazette. It implements the provisions contained in Italian Law no. 102/09 concerning professional training and requalification of suspended workers, preceptors of income support treatments.

7 April 2010 • Insights

Fixed term “sliding” contract (Court of Cassation, Labour Section, no. 23761/2009)

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....

7 April 2010 • Insights

JOB SECURITY AGREEMENTS IMPROVED

Ministry Decree of 17 November 2009 was published in the Official Gazette. It increases the amount of the salary supplement treatment for job security agreements for workers that will receive 60% to 80% of the remuneration lost subsequent to reduced working hours.

7 April 2010 • Insights

Remote controls on worker’s personal computers (Court of Cassation, Labour Section, no. 4375/2010)

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses to the network of employees and, in general, that are able to perform verification not agreed to with the trade unions and Provincial Labour Office.

7 April 2010 • Insights

2009 CONTRIBUTION RELIEF FOR CREATING INCENTIVES FOR LEVEL TWO BARGAINING

Ministry Decree of 17 December 2009 has been published in the Official Gazette. It makes contribution relief on the amounts paid based on company and national collective bargaining expectations for the past year operative.

7 April 2010 • Insights

Organisational model: no objective responsibility for the company (Preliminary Investigation Magistrate of Milan, Sent. of 17 November 2009)

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the Civil Code), having considered the organizational model adopted complying with Leg. Decree 231/01.