News & Insights

Recherche, formation et collaborations internationales

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.

TOUTES LES NEWS ET INSIGHTS

4 avril 2014 • Insights

JOB ACT: REDUNDANCY FUND (IL SOLE 24 ORE, MARCH 31, 2014, PAGE 4)

The second stage of the so called “Job Act” regards the amendment of the social security “cushion”. Among these ones, the bill, pending of the approval of the Government, provides for amendments on requirements and duration of the redundancy fund.

4 avril 2014 • Insights

BONUS FOR HIRING DISMISSED EMPLOYEES (IL SOLE 24 ORE, MARCH 31, 2014, PAGE 27)

April 12 is the deadline for the submission of applications for obtaining the contributive bonus of Eur 190 per month. This bonus is provided in favor of private employers who, in 2013, hired employees dismissed in the previous 12 months for objective justified reason, related to reduction, transformation or termination of business or employment by companies with less than fifteen employees.

28 mars 2014 • Insights

IT IS UNLAWFUL THE JOB ON CALL IN THE CALL CENTER (ITALIA OGGI, MARCH 26, 2014, PAGE 40)

Ministry of Labour replied negatively to the question no. 10/2014, with which it has been required if the staff performing the activity of inbound/outbound call center may be hired with the so called “job on call” contract, regardless from personal data and objectives requirements.

28 mars 2014 • Insights

FIXED TERM CONTRACT: THE QUANTITATIVE LIMIT ON THE OVERALL WORKFORCE (IL SOLE 24 ORE, MARCH 22, 2014, PAGE 21)

The text of the amended paragraph 1 of Article 1 of Legislative Decree no. 368/2001 provides, as only condition to be followed by companies entering into the new fixed term contract, the limit of 20% of the workforce.

22 mars 2014 • Insights

LIBERALIZATION OF FIXED TERM CONTRACTS: NO FURTHER NEED FOR JUSTIFYING REASONS

Law Decree no. 34/2014, which became effective on March 21, 2014, abrogated the obligation for the fixed term employment contracts to be based on justifying reasons (i.e. technical, productive, organizational and replacement reasons), previously requested as essential condition for the lawfulness of temporary contracts exceeding 12 month duration.

21 mars 2014 • Insights

Court of Cassation: dismissal of executive can be based on the grounds of mistrust (Il Sole 24 ore, March 18, 2014, page 38)

The Court of Cassation, with judgment no. 6110 of yesterday, stated that the dismissal of executive can be justified for any cause supported by reasons in compliance with law and by a global assessment.

14 mars 2014 • Insights

Court of Rome: new procedure introduced by law 92/2012 is not applicable to the apprenticeship (Il Sole 24 ore – March 11, 2014 – page 22)

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.

14 mars 2014 • Insights

MINISTRY OF LABOUR: RULES ON PENALTIES FOR THE PAYMENT OF CASH IN HAND OVERTIME (IL SOLE 24 ORE, MARCH 10, 2014, PAGE 22)

Labour Ministry, with note no. 2642/2014, stated that the employer who pays cash in hand overtime is subject to a double penalty.