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

26 juillet 2013 • Insights

NEW RULES ON CONTRACTS (IL SOLE 24 ORE, JULY 20, 2013, PAGE 2)

As a result of the amendments made by article 50 of Law Decree no. 69/2013 to article 13-ter of Law Decree no. 83/2013, the rules of joint and several liability in the work on contracts provide firstly of both contractor’s and subcontractor’s liability for the payment to the Tax Authority of withholding tax on employment incomes (also no longer VAT due) for to the services provided under the subcontracting relationship.

26 juillet 2013 • Insights

PARENTAL LEAVES DECIDED IN THE COMPANY (ITALIA OGGI, JULY 24, 2013, PAGE 29)

The Ministry of Labour, replying to the question no. 25/2013 by trade unions (Cgil, Cisl and Uil), specified that the rules for enjoying the hourly parental leave may be also determined with company or territorial second level agreement.

19 juillet 2013 • Insights

INAIL: FOREIGN ACCIDENTS, ITALIAN RULES (IL SOLE 24 ORE, JULY 15, 2013, PAGE 20)

The National Work Accident Insurance Institute (so called “INAIL”), with communication of July 13, stated that, pursuant to the Italian rules, the transferred employees in UE countries must have with them the PD DA1 document certifying the right to health coverage in case of accident at work or occupational illness.

19 juillet 2013 • Insights

Court of Cassation: hiring bonus incompatible with the dismissal (Il Sole 24 Ore, July 18, 2013, page 21)

The Court of Cassation, with note no. 17431 of July 17, 2013, stated that the employer who benefits of the tax credit for hiring employees, loses such benefit in case of dismissal.

12 juillet 2013 • Insights

INPS: THE CHOICE OF TFR IS ONLINE (ITALIA OGGI, JULY 10, 2013, PAGE 34)

The National Institute for Social Security (so called “INPS”), with message no. 11072 on July 9, 2013, announced that it is available on the its website a new service which allows companies to check their employees’ choice of TFR destination, in particular for new hirings, expressed during previous employment relationships.

12 juillet 2013 • Insights

DISMISSAL NOT EFFECTIVE WITHOUT REASON (IL SOLE 24 ORE, JULY 11, 2013, PAGE 34)

With note n. 17122/2013, the Court of Cassation confirmed the statement according to which the dismissal noticed in breach of the formal requirements provided for by Article 2 of Law no. 604/1966 in the employment relationships subjects to obligatory guarantee does not cause the termination of the over mentioned relationship.

5 juillet 2013 • Insights

Court of Cassation: retirement fund does not affect the TFR (Il Sole 24 Ore, July 4, 2013, page 17)

The Court of Cassation, with notes no.16493 and 16586 deposited on July 3, specified that the payments by the employer allocated to supplementary retirement fund are not considered in the determination of the TFR and the seniority indemnity, because these treatments have not the nature of wage and are not subject to social security contribution useful for retirement purposes.

5 juillet 2013 • Insights

GOVERNMENT’S MEASURES FOR INCENTIVIZING THE EMPLOYMENT (IL SOLE 24 ORE, JUNE 29, 2013, PAGE 11)

The Decree Law no.76, published on the “Official Gazette” 150 of June 28, 2013, provides a set of measures for incentivizing the employment through a contributive relief up to 650 Euro per month, for a year and an half, for companies hiring open ended term employees aged between 18 and 29 years old without regular paid employment for a least six months or without a high school diploma or who live with one or more dependents.