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.
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.
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.
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.
Labour Ministry, with note no. 2642/2014, stated that the employer who pays cash in hand overtime is subject to a double penalty.
Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed
With circular no. 6/2014, the Labour Ministry interpreted the new code for labour inspectors stating that their role is not only to ascertain facts constituting violations and consequently notifying irregularities and applying sanctions, but also, as a supervisory body, he/she is formally given the responsibility of providing operational advice to properly implement labour and social security rules, with particular reference to issues of greater social importance, as well as to new laws and interpretations”.
Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.
The guidelines of the State-Regions Conference on apprenticeship focus on the regional training which, according to the Consolidation Act of 2011, can not last more than 40 hours per year.
