Categories: Insights


25 May 2010

LABOUR ATTACHMENT: EXAMINATION OF THE AMENDMENTS

Here are some of the main labour law amendments of the so called "Work related act" (presented by the chairman Maurizio Castro, PDL party) that may be examined by the Labour Commission of the Senate:
 
     as per the compulsoriness of the arbitration, an employee of the private sector will be able to decide, before signing the employment contract, to apply to the arbitration clause with reference to every dispute that could arise during the employment relationship. Such clauses may be certificated by the so called “Authentication Commissions”. Considering that, the amendment approved by the Chamber of Deputies which, on the contrary, allows to employees to settle on, for every dispute, to apply to the arbitrator or to the judge would be made useless;
 
     as legal terms of challenge, the dismissal may be challenged by the employee within 270 days (instead of 180) starting from the deposit of the claim at the office of the court’s clerk or from the communication of the required attempt of settle or arbitration;
 
     in case of oral dismissal, the aforesaid dismissal may be challenged by the employee within 90 days (instead of 60). If the employer did not justify the measure, the legal term to impugn starts by the date which the dismissal causes had to be communicated within;
 
    as per the so called “amnesty” regarding the ongoing and coordinated collaborations, the employee may have offered to the employer the drawing up of a subordinate employment contract, also with a fixed term, within the 30th September 2008, and, afterwards the approval of the Labour attachment, may offer to the collaborator an open-ended employment contract “with equivalent duties to those one assessed”, as mentioned in the aforesaid law.
Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…