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.
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.
Court of Cassation, with the sentence no. 44824 of November 15, stated a new principle based on which the company, even in case of bankruptcy, is subject to the sanctions provided by Legislative Decree no. 231/01. Companies already went bankrupt, that have been accused for administrative liability of the entities, are subject to the payment of the sanctions set by Legislative Decree no. 231/01.
Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility that the employer could be sentenced to pay damages in favor of the employee for single oppressive behaviors, ascertained during the proceeding, cannot be excluded at all, though there is no uniqueness of the persecutory plan against the employee.
INPS, by publication on its web site, has announced that requests necessary in order to obtain the bonuses for the stabilization of employment relationships, as provided for by the Ministerial Decree of October 5, 2012, have already reached the maximum amount placed at disposal of employers, equal to EUR 232,108,953.00.
Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though in our legislation a prohibition to work during this period, also in favor of a third party, does not exist. In fact, the possible dismissal is lawful when the behavior of the employee is in breach of the general rules of correctness and good faith and to the contractual obligations of diligence and faithfulness.
