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 March 8, 2011, Confindustria, Cgil, Cisl and Uil signed, as implementation of memorandum no. 3 of Ministry of Labor and Italian Revenue Agency, the basic text of the guidelines necessary for the second level union agreements (territorial or company ones) on which the tax reduced rate equal to 10%, applicable to the parts of the salary connected with productivity increases, depends.
The Ministry of Labour, answering to the consulting no. 12/2011, has clarified that, in case of a free-lance contract on project basis stipulated with a self-employee who is not resident, the parties may agree in order that the payment of contributions be realized by the collaborator and not by the contractor.
The Ministry of Labor, with questioning no. 8/2011, clarified the effects deriving from part-time employment contracts entered into overcoming the limit established by the collective bargaining, providing that the violation of such limit causes the irregularity of the company and the consequent failed issue of the document regarding the contributive regularity (so called “DURC”).
On February 26, the trade unions Confcommercio, Fisascat-Cisl and Uiltucs-Uil signed a draft of separate agreement for the renewal of National Collective Bargaining Agreement for the Commercial sector, with effects - for some specific provisions and for the economic part – starting from January 1 2011 until 31 December 2013.
Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the claim object or to the lack of specification of facts and de jure reasons, the precise individuation of the plaintiff’s claim through the assess of the claim, which is carried out by the judge, has to be impossible so that the defendant would not be able to perform an adequate defense.
The Law Decree so called “Milleproroghe” is effective.
Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative Decree no. 276/2003.
With Law Decree no. 5/2011, the Italian Council of Ministry confirmed that next 17th March 2011 shall be a national holiday, for the 150th years from Italy Unity.