Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

The Court of Cassation, with judgement 14063 of 23 May 2019, returned to rule on the principle of proportionality between the expulsive sanction and the non-fulfilment, specifying that the judge cannot be exempt from the concrete assessment of proportionality between the fact disputed and the sanction adopted, even if the conduct is indicated in the ....

Categories: Publications

With the law 96/18 the offence of fraudulent supply of labour has been introduced. This offence is committed when there is a supply activity carried out with the specific purpose of circumventing mandatory rules of law or collective agreement applied to employees. The offence in question is punished with a fine of €20 for each ....

Categories: Publications

As of 14 November 2018, the scenario of possible consequences in the event of unlawful dismissal of an employee hired in the era of the Jobs Act has radically changed. On that date, in fact, the reasons were published in the Official Gazette for ruling no. 194/2018, with which the Constitutional Court declared the constitutional ....

Categories: Practice

  The National Council of Labour Consultants has submitted an application to the Ministry of Labour for its opinion on the configurability of the silence of consent with regard to the request for authorization to install audiovisual equipment and instruments pursuant to art. 4 of Law 300/1970. This considering the provisions of Law 241/1990 whereby ....

Categories: Case Law

    The third Labour Section of the Civil Court of Rome, by ruling 4354 dated 8 May 2019, stated, the conciliation report signed by the worker in the trade union, can be appealed within the period referred to in Article. 2113 of the Civil Code, where the national collective bargaining agreement does not govern ....