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

28 décembre 2012 • Insights

VAT COLLABORATIONS: AFTER THE PRESUMPTION OF COLLABORATION INTRODUCED BY THE REFORM, THE CLARIFICATIONS OF MEMORANDUM NO. 32 AND OF THE MINISTERIAL DECREE DATED 20 DECEMBER (Il Sole 24 Ore, December 28, 2012, page 13)

The circular of the Ministry of Labour No. 32/2012 and the Ministerial Decree dated December 20, 2012 clarified, in the light of the so called Fornero Reform (Law No. 92/2012), the several conditions to be respected for VAT collaborations: (i) specifying, in particular, the method for calculating the temporal condition of eight months in order to consider the VAT collaborations as free-lance collaborations on project basis and (ii) explaining that the new rules contained in Law No. 92/2012 have not to be applied to most of the companies and to professional firms and that the first inspections may be executed no earlier than July 18, 2014.

21 décembre 2012 • Insights

Constitutional Court: rejected the reform on training (Il Sole 24 Ore, 20 December 2012, page 28)

The Constitutional Court, with decision No. 287/2012, has decided that the reform of training provided for by Article 11 of Legislative Decree No. 138/2011 (converted into Law No. 148/2011) is unconstitutional because it invades the competences reserved exclusively to the legislative power of the Regions.

21 décembre 2012 • Insights

MUTUAL TERMINATIONS: THE INDEMNITY IS RETROSPECTIVE (Il Sole 24 Ore, December 19, 2012, page 30)

The unemployment indemnity is retrospective for the employees terminated for objective justified reasons who reached a mutual termination agreement through the settlement procedure after last July 18.

14 décembre 2012 • Insights

PARENTAL LEAVES: NEWS IN THE SO CALLED “DEVELOPMENT DECREE” AND IN THE “ANTI-OFFENCES EU DECREE” (IL SOLE 24 ORE, DECEMBER 9, 2012, PAGE 25)

Law no. 9/2012 (so called “Fornero Law”) extends to father employees, from January 1, 2013, one day leave compulsory (more two days as optional) for the birth of the son/daughter which can be enjoyed within the first five months of the latter.

14 décembre 2012 • Insights

MINISTRY OF LABOUR: IDENTIFIED THE ACTIVITIES WHICH MAY BE PERFORMED ONLY WITH EMPLOYMENT RELATIONSHIP (Il Sole 24 Ore, December 12, 2012, page 30)

The Ministry of Labour, with memorandum No. 29/2012, has identified a black list for the free-lance relationship on project basis, indicating - by way of example and not limitation, according to the existing case law guidelines - a series of duties which, for their peculiarity, could never be executed with collaboration contract.

7 décembre 2012 • Insights

MINISTRY OF LABOUR: EMPLOYEE’S DISMISSAL FOR EXCEEDING THE GRACE PERIOD DUE TO SICKNESS IS EXCLUDED FROM THE CONCILIATION ATTEMPT (Italia Oggi , December 4, 2012, page 29)

The Ministry of Labour, with note No. 12886/2012, has specified that the dismissal of an employee due to the exceeding of the grace period for sickness is excluded from the conciliation attempt since it is not a hypothesis of the new case of dismissal for just cause introduced by Law No. 92/2012.

7 décembre 2012 • Insights

Supreme Court: holidays can be liquidated after a long period of illness (Italia Oggi, December 1, 2012, page 32)

The Court of Cassation, with sentence No. 21028/2012, has stated that the employee who was not able to enjoy the holidays due to a long illness is entitled to their monetization even if the national collective agreement refers only to the enjoyment of the holidays and not to the indemnity in lieu (the latter, in fact, is an inalienable right guaranteed by the Constitution).

30 novembre 2012 • Insights

MINISTRY OF LABOUR: ONLINE COMMUNICATION FOR THE JOB ON CALL EMPLOYEES (Il Sole 24 Ore, November 28, 2012, page 25)

The Ministry of Labour, with note No. 16636/2012, has updated the procedures - announced on August 9, 2012 and in force at an experimental stage - for the communications which have to be delivered by the companies for the execution of the job on call employees working activity.