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.
In the circumstance a person carries out an activity being shareholder and has been appointed as director in a limited company of the commercial sector, it shall take into account which is the predominant activity between those mentioned above and the possible coexistence of different pension scheme on the same subject in order to establish if the registration in the relevant pension scheme is compulsory or not.
INPS, with message no. 14448/2011, provided some clarification on the sentence no. 116/2011 according to which the Constitutional Court declared the female employee right, in case of premature birth and hospitalization of the child, to use the compulsory leave period as of the actual entry of the newborn child in the family. The same right is granted to the father if he uses the leave instead of the mother for death or serious illness of the latter, abandonment of the child by the mother or the father sole custody of the child.
The retirement age for female employees will begin to rise very gradually as of 2020 and will arrive at 65 year-old in 2032.
From July 1, 2011, United kingdom has adopted the so called “Bribery Act”, which corresponds to our Law 231/2001, implementing the international agreement Ocse regarding unlawful payments to foreign officer.
The apprenticeship reform, besides the confirmation of the existing economic incentives, sets the chance to hire employees who are included in unemployment lists as apprentices.
On June 28, 2011, CGIL, CISL and UIL signed an agreement that states that if a company agreement is approved by the majority of the Unitary Trade Union Representatives (so called “RSU”), or of the Company Trade Union Representatives (so called “RSA”), the relevant provisions are effective for all the employees and are binding for all the trade unions which signed the agreement.
The Ministry of Labour, with memorandum no. 15/2011, explained the formalities for the fulfillment of the communication obligation introduced by Legislative Decree no. 67/2011, which has regulated the benefit of early retirement for employees assigned to arduous and heavy jobs.
Court of Cassation, with sentence no. 12919/2011, stated that, in the case of job places’ vacancy which have to be covered after selection proceeding, repeated assignment to an employee of the superior duties regarding the mentioned job places – each one for a period shorter than that one referred to in art. 2103 of Italian Civil Code - assumes to be caused by real organizational need, aimed to maintain the interruptive effect of the revocation of the superior duties’ assignment.
