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.
The article 14 of Law Decree "destination Italy", into force since 24 December 2013, has heavily increased the penalties for undeclared and irregular employment and the violations of rules on daily and weekly rests and working time.
Court of Cassation, with sentence dated November 5, 2013 and filed on January 17, 2014, stated that severance payment accrued by the employee during the ordinary layoff intervention has a social security nature, and not a retributive one.
Court of Rome, with sentence of January 9, 2014, stated that fixed-term staff leasing is lawful “against any justification, even having not temporary character, regarding the company activity”.
On January 15, 2014, the Minister of Labour and Welfare State, Mr. Enrico Giovannini, and the president of the National Council of the Order of labour consultants, Marina Calderone, signed a memorandum of understanding that will enable the labour consultants to certify the regularity of the companies in matter of contribution and wage.
The General Directorate for Inspection Activities of the Ministry of Labour and Welfare State, with the note of December 27, 2013, provided clarification on the application of the new administrative penalties provided by the Law Decree no. 145/2013 (so-called “Destination Italy”), in force since December 24, 2013.
The inter-ministerial Decree of December 23, 2013, has updated, for 2014, the conventional salary of employees working in those countries which are not member of European Union, with which Italy did not enter into social security agreements or with which “partial” agreements are in force. The conventional salary has been increased of 1,5% on average.
INPS, with note n. 175/2013, provided for the employment bonuses for unemployed workers. The employer who hires with an open term contract unemployed employees who are benefiting of the Social Insurance for Employment (so called “Aspi”), is entitled to 50% of Aspi that would still be granted to the abovementioned employees.
In case of injury at work, according to art. 299 of the Legislative Decree 81/2008, the position of guarantee assigned to the employer is taken by the one who concretely executes the juridical powers of the employer.
