Le Centre d’étude de De Luca & Partners gère et coordonne les activités de recherche, de formation (interne et externe) et les activités éditoriales en matière de droit du travail, de protection des données personnelles et de responsabilité administrative des personnes morales.
De Luca & Partners investit en effet dans l’étude et la diffusion de sujets relevant de sa compétence et collabore à ce titre avec le journal italien Sole 24 Ore et avec les principales revues et publications spécialisées.
When the new contract becomes effective with protection measures increasing with seniority, currently being discussed by parliamentary Commissions, there will be a dual system for labour litigation regarding dismissals.
Almost all of the Jobs Act implementation decrees should be ready by the end of February, regarding: (i) revision of contract types; (ii) reorganisation of social shock absorbers; (iii) active labour market policies; (iv) creation of a national Employment agency; (v) establishment of an Inspection agency; and (vi) reconciliation of free time and work.
The new unemployment benefits (NASPI), which will be introduced with one of the implementation decreases of the Jobs Act still being discussed, would be due to all employees who involuntarily lose their job (with the exception of those hired by public administrations and farm workers), including cases of dismissal for just cause, as well as cases of consensual termination for a dismissal procedure for objective justified reason.
The Cassation Court, with ruling no. 211/2015, clarified that a suspension of the three year limitation on litigation for recognition of benefits from a occupational accident or disease is only applicable after the 150 days envisaged for the administrative payment of the benefit.
The 30 December 2014 agreement to renew the CCNL Dirigenti Industria, valid from 1 January 2015 to 31 December 2018, has lowered the substitute notice compensation and the supplementary compensation for cases of unjustified dismissal of managers.
The Ministry of Labour and Social Policies, with response to the request for a ruling no. 1/2015 submitted by the National Council of employment consultants and Trade Union of employment consultants, clarified that for cases of dismissal for objective justified reason, by a temporary employment agency, with at least 5 employees hired with long-term contract in the same province and working under a public contract for temporary services for 36 months, the individual dismissal laws will be applicable and not layoff laws.
On 24 December the Government passed the new law on contracts with protection measures increasing with seniority which will be applicable to newly hired employees as of 2015.
With its ruling no. 15 of 7 January 2015, the Cassation Court declared wrongful and thus illegal dismissal of a worker, who benefitted from employer accommodations at extremely advantageous conditions, for not having communicated that he was already the owner of other property, in order to continue to benefit from the housing made available by the employer. Specifically, the Cassation Court recognised the charges against the worker, but considered the dismissal wrongful.
