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.
Supreme Court, with sentence no. 14197 of August 7, 2012 has established that companies can use private investigators in order to verify if employees commit a crime and that such investigations can concern the employees only and not their cars or bags.
The Government has maintained its commitment to correct the labor market reform passed at the end of June (which entered into force on July 18, 2012) and, with the Law No. 134/2012 which turns the so called “Development Decree” into law, definitively approved by Parliament on 3 August and published in the ordinary supplement No. 171 to the Official Gazette No. 187 of 11 August, has made 12 modifications to the L. No. 92/2012.
The Ministry of Labour, with formal response to the question No. 19/2012, has stated that employees temporarily laid off are no longer required to inform INPS about their re-occupation, since the communication obligation is accomplished by the employer by the online transmission of the hiring form so called “UniLav” (“mandatory communication”).
The Ministry of Labour, with formal response to the question No. 21/2012, has confirmed that the hiring in apprenticeship of persons enrolled in the lists of mobility (i.e., lists where employees subject to collective dismissal procedures are registered) can be entered into regardless of the employee’s age.
The Ministry of Labour, with regulation no. 20/2012, has stated that until the decree on the simplification of the job on call relationship communication is not issued, the inspector will provide a sanction in the case of unlawfulness of the employment only.
Voluntary resignation can be ratified also by the trade unions, as provided by the agreement signed with Confindustria, which implements Article 4, paragraph 17 fo the recent labor reform (so called “Riforma Fornero”).
The Court of Cassation, with sentence No. 4709/2012, stated that the employee may refuse to execute his/her working activity if the transfer measure is not properly motivated.
On July 26, 2012 a Decree of the Council of Ministers’ President which postpones the deadline for the presentation of the form 770 from 31 July to 20 September 2012 has been signed, but not yet published in the Official Gazette.