Some case history by De Luca & Partners
Object
Assistance and consultancy to a company leader in the market of high-performance glass.
Summary of matter
Our firm provided the client with the assistance and consultancy concerning:
- implementation of smart working, giving advice on the relevant discipline and application;
- absence from work to be treated as vacation leave or period of illness or quarantine with active surveillance (“quarantena con sorveglianza attiva”) or permanently under house trust with active surveillance (“permanenza domiciliare fiduciaria con sorveglianza attiva”);
- access to the ordinary temporary lay-procedure (“CIGO”) due to the causal “COVID-19 emergency”. Drafting the relevant communication sent to Unions in order to start the procedure;
- implementation of the “tampone” exam to be tested on 101 employees in compliance with the data-protection rules, drafting the relevant documentation.
Object
Litigation before the Labour Court.
Summary of matter
De Luca & Partners assisted a private foreign airline and its legal representative in the proceedings before the Varese Court introduced by the latter, against the inspection report issued by the INPS and the ITL, concerning the alleged illegitimate secondment of no. 31 employees hired in Spain (place of the Company registered office) and seconded to Italy.Complex questions of law related to the EU framework on the international secondment and to the EU procedures which provide the social the social security treatment and the legal instruments available to individual States to challenge the legitimacy of such secondment.