News & Insights

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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

31 mai 2013 • Insights

Constitutional Court: employees replacement with fixed term contracts also without the specification of the name (Il Sole 24 Ore, May 30, 2013, page 22)

Constitutional Court, with sentence no. 107 of May 22, 2013, stated that, in case of fixed term contract for replacement reasons, the employee name must be specified in writing. Nevertheless, for companies with a complex organization, is enough to make reference to employees who are absent in a specific company function.

31 mai 2013 • Insights

INAIL: exemption from INAIL for trainees (Il Sole 24 Ore, May 25, 2013, page 20)

The National Work Accident Insurance Institute (so called “INAIL”), with note no. 27/2013, confirmed the extension of the reductions introduced by the “stability” Law 2012 even to INAIL contributions for the contracts with trainees entered into from January 1, 2012 up to December 31, 2016.

24 mai 2013 • Insights

Court of Cassation: the members of the Board of Directors are liable for injuries at work (Il Sole 24 Ore, May 21, 2013, page 27)

The Supreme Court, IV criminal section, with sentence no. 21628 of May 20, 2013, confirmed that, regarding security in the work place, the liability for the injury at work is charged on the members of the Board of Directors, unless, throughout a deliberation, the guarantee position is assigned to just one of the directors.

24 mai 2013 • Insights

Special Redundancy Fund: saves fiscal bonuses, not tax reliefs INPS (Il Sole 24 Ore, 20 maggio 2013, pag. 37)

The intervention put in place by the Government for refinancing the Special Redundancy Fund (so called “Cassa Integrazione Guadagni in deroga”) does not affect the resources available for the tax reduction of productivity incomes in the year 2013; it affects, however, the fund for the tax reliefs concerning the social security contributions of productivity agreements which will have to be implemented and regulated by decree of the Ministry of Labour.

17 mai 2013 • Insights

Illness and parental leave for employees enrolled INPS Special Fund (Il Sole 24 Ore, May 14, 2013, page 26)

The National Institute for Social Security (so called “INPS”), with note no. 77 of May 13, 2013, provided some clarifications about the recognition of daily indemnity of illness and parental leave for the employees enrolled in INPS Special Fund.

17 mai 2013 • Insights

Transfer to be justified in case of reinstated employee (Il Sole 24 Ore, May 17, 2013, page 23)

The employee, reinstated by the Court, must not be transferred in different premises from the ones where he/she worked at the time of employment termination, unless the employer does not demonstrate the existence of technical, productive or organizational needs, which makes the change of the work place necessary.

10 mai 2013 • Insights

Court of Cassation: dismissed who does not inform of the absence (Il Sole 24 Ore, May 8, 2013, page 24)

The subordinate employee has a binding obligation of “correct and timely information to the employer” of his/her incapability to carry out the duties he has been assigned to, starting from his own presence on the work place.

10 mai 2013 • Insights

Inter-union Agreement about the performance incomes (Il Sole 24 Ore, May 7, 2013, page 24)

The Inter-union Agreement, signed on April 24, between Confindustria, on the one hand, and the three main trade union associations (Cgil, Cisl e Uil), on the other, allows companies without internal trade unions to enter into agreements concerning tax reduction in order to apply tax reduction for performance incomes in the measure of 10% for the activity exceeding the ordinary working hours.