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.
The Ministry for Welfare, by Circular No. 36/09, has drawn the attention of Local Labour Authorities to the privileging of the ‘preliminary monocratic settlement’ in their respective inspection activities, in view of the rapid resolution of employment disputes.
The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.
The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....
The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.
The Senate voted for the approval of the finance act 2010. As to the labour aspects, about EUR 1,100 millions are set aside for the welfare, of which 860 to allow the social security benefits for production bonuses and incentives.
Reliefs coming from the employment of disabled people are different depending to the subscription date of the agreement with the provincial district
The settlement before the commission established nearby the Provincial Labour Office, or nearby the unions, is a fast and cost-saving way to solve the employment law disputes, but in Italy this method hasn’t so far reduced the number of the courts’ employment claims.
The lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence
