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

22 juin 2012 • Insights

Court of Cassation: sanction to the employer if the reinstated employee does not perform any work activity (Il Sole 24 Ore, June 19, 2012, page 25)

The Supreme Court, with the sentence no. 9965 of the April 11th, 2012, stated that the employer who reinstates only partially an executive of the company union representative, just paying the salary and acknowledging him/her the trade rights but refusing his/her work performance, is subject to administrative sanction provided for by the art. 10, par. 8, of the Law no. 300/70 (so called “Statuto dei Lavoratori”) (i.e. payment of an amount equal to the daily wage due to the employee, for each day of delay, in favour of the INPS Fund for the pensions adjustment).

22 juin 2012 • Insights

INAIL: social security contribution irregularity after the regularization request only (Italia Oggi, June 19, 2012, page 25)

INAIL, with note No. 3760/2012, has clarified that the social security contribution irregularity for the obtainment of the so called “DURC” cannot be declared if the company was not primarily invited to the regularization, giving a period of 15 days.

15 juin 2012 • Insights

Court of Cassation: the breach of the basic duties can be sanctioned also without the disciplinary code (Il Sole 24 Ore, June 14th, 2012, page 25)

Court of Cassation, with the sentence no. 9644 of the June 13th, 2012, stated that with reference to the disciplinary sanctions the advertising guarantee of the disciplinary code through the post accessible to everyone, is not applied in case the disciplinary proceeding is referred to circumstances regarding a breach of basic duties related to the employment relationship.

15 juin 2012 • Insights

APPRENTICESHIP: TRAINING PLAN IS NOT SUBJECT TO THE BILATERAL AUTHORITIES (Il Sole 24 Ore, June 15, 2012, page 25)

The Ministry of Employment, with the answer to the question no. 16/2012, specified that the request of compliance advice to the bilateral authorities does not represent an obligation for the employer but a chance and a guarantee on the proper drafting of the individual training plan.

8 juin 2012 • Insights

Court of Cassation: the companies are liable for the damage suffered by the employee (Il Sole 24 Ore, June 8, 2012, page 25)

The Court of Cassation, with judgment No. 9199/2012, stated that the employer should not simply adopt safety measures at work suggested by the fully-developed technology, but has also to supervise that these measures are applied by the employees.

8 juin 2012 • Insights

TAX REDUCTION: FOR 2012, THE SPENDING LIMIT HAS BEEN DETERMINED IN EUR 835 MILLION (Il Sole 24 Ore, June 2, 2012, page 43)

The maximum limit for tax reduction, stated by Article 33, paragraph 12, of the Law No. 183/2011 (so-called “Legge di stabilità 2012”) in EUR 835 million, caused the lowering of the salary maximum amount of the private sector employee involved in the benefit, which decreases to EUR 30 thousand of annual gross salary and to EUR 2.5 thousand of maximum limit.

1 juin 2012 • Insights

Court of Rome: formal claim within 60 days against the flexible contracts (Il Sole 24 Ore, May 27, 2012, page 15)

The Court of Rome, with sentence no. 8841 of May 15th, 2012, stated that the suspension - provided for by the Law no. 10/2011 (law which converted the so called “Decreto Milleproroghe”) - until December 31st, 2011 of the new terms of claiming, established by the art. 32 of Law no. 183/2010 (so called “Collegato Lavoro”), is not referred to the flexible contracts (among others, staff leasing contracts, fixed-term contracts and contracts on project basis).

1 juin 2012 • Insights

“AUTOLIQUIDAZIONE INAIL”: SALARIES DECLARATION WITHIN JUNE 18, 2012 WITHOUT APPLICATION OF ANY SANCTION (Italia Oggi, May 26, 2012, page 36)

INAIL, with note No. 3341/2012, stated that employers, who have not complied with the regulative deadline of March 16, 2012 concerning the communication of salaries paid in 2011, may regularize their position making the abovementioned declaration within June 18, 2012, thus avoiding the risk of the application of the administrative sanction equal to EUR 770.