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.
In its Judgment No. 19665 of 18 September 2014, the Court of Cassation, sitting in plenary session, resolved the conflict in case law concerning the obligation to pay civil penalties on social insurance contributions owed by the employer in the case of unlawful redundancy.
The European law, which was just adopted by Parliament, has taken into account the judgment of the Court of Justice of the European Union of last 13 February (Case C-596/12), where the Court held that Law 223/1991 was invalid to the extent that is excluded the obligation to comply with the procedure for staff reductions with respect to managers.
As a result of the European law just adopted by Parliament, which sets forth how the procedures concerning collective redundancies are to be applied to managers, the rules and practices to be followed in this regard have changed considerably.
In its Judgment No. 22388 of 22 October 2014, the Court of Cassation held that the principle under which no legal action can be instituted twice for the same cause of action is also applicable to labour relations, including disciplinary proceedings taken against workers.
The new draft of the stability law raises the ceiling for relief from social security contributions to EUR 8,060 (from EUR 6,200) for new hires with permanent contracts and confirms that starting 1 January 2015, subsidised contracts will cease for workers who have been unemployed for more than two years (as provided for in Law No. 407/1990).
In its Judgment No. 20949 of 3 October 2014, the Supreme Court of Cassation dismissed an appeal brought by a worker who sought classification as a manager, together with the corresponding pay difference.
The Government aims to eliminate reinstatement for individual economic redundancies, which are no longer in high numbers (18%, according to labour experts), whereas nothing has yet been planned or announced for collective economic redundancies under Law 223/1991, which have been the most frequent types in the recent years of the crisis (estimated to be 60% of the total).
In its session on Wednesday 8 October the Senate approved the government amendment, entirely replacing the delegating bill no. on labour (so-called “Jobs Act”), the approval of which the Executive had called a confidence vote. The text of the proposal now passes to the Chamber for a second debate.
