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 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.
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).
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.
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.
On December 20, 2012 INAIL will publish the announcement concerning INAIL incentives for safety. The 2012 announcement allocates EUR 225 million, 78 of which to be transferred to the regions of Veneto, Lombardia and Emilia Romagna for seismic events, and others EUR 9 million for the financing of organizational models.
The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the dismissals ordered before the date of entry into force of Law No. 92/2012 (so called “Fornero Reform”), i.e. before July 18, 2012, although the litigation started after that date.
The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee.
The new anti-corruption law, approved by Parliament at the end of October, provides that corruption between private persons and undue induction to give or promise utilities are the new crimes that can cause the companies liability in the absence of appropriate organizational model pursuant to Legislative Decree No. 231/2001, imposing, as a consequence, a significant revision of already existing organizational models.
