DLP Insights

Comments and tools from De Luca & Partners’ experience

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Law decree No. 25 has been converted into Law No. 49 dated 20 April with which, among other things, on the topic of tender contracts, the benefit of prior discussion of the main debtor (introduced in 2012) has been abolished. Therefore, the client may be attacked even before the contractor for any wage claims, social ....

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Pursuant to article 2103 of the Italian Civil Code as recently reformed, the employer can enter into an individual settlement agreement with the employee – to be signed in front of public authorities – providing for the change of the duties, the legal category of employment and the contractual enrollment as well as the relevant ....

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The adoption of a policy regulating the use of IT tools (e.g. Internet, email, tablets and smart phones) made available to the employees in accordance with the provisions of the privacy regulations, allows the employer to use the data collected through such tools for all purposes pertaining to the employment relationship, including the disciplinary ones.

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An employer who dismisses an employee enjoying increasing protections can make a settlement offer at the time of the administrative proceedings or when dealings with trade unions and authorities within 60 days from dismissal, for the sole purpose of avoiding lawsuits. The settlement offer would be in the amount of one month’s salary as per ....

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As from 1 January 2017 ordinary redundancy has ceased to exist, as set forth by section 2, paragraph 71 of Law no. 92/2012 (the so-called Fornero Law). This means that as from 1 January 2017, the redundancy procedure has become a collective dismissal procedure, while the trade-union consultation procedure has remained unchanged, and a dismissal ....