News & Insights

Pubblicazioni di Vittorio De Luca

Insights

Cassation: union permit used for other purposes may not justify dismissal (Newsletter Norme & Tributi n. 150 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings.…

Insights, News

Unions representing staff may bring proceedings to suppress anti-union conduct (Il Quotidiano del lavoro of Il Sole 24 Ore, 19 April 2021 – Vittorio De Luca, Roberta Padula)

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video…

Insights

Cassation: company collective contract form is free unless illegal (Newsletter Norme & Tributi n. 149 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Cassation Court, in ruling 3542, published 11/2/2021, reiterated case law - if there is no law requiring collective contracts be written based on the freedom of form…

Insights, News

Non-competition agreement remuneration. How the nullity cases work (Guida al Lavoro de Il Sole 24 Ore, 19 March 2021 – Vittorio De Luca, Antonella Iacobellis)

Non-competition agreement - Agreement nullity - Remuneration - agreement onerousness - Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no.  5540 "Concerning the non-competition agreement entered into with…

Insights

Contract renewal applies to non-signatory employer associations (Newsletter Norme & Tributi n. 148 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Under order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect…

Insights, News

Remote working and Data Protection (Top Legal Focus Privacy & Data Protection, February 2021 – Vittorio De Luca, Elena Cannone)

Under the Law No. 81 of 22 May 2017 on "Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and…

Insights

Non-pecuniary damage to professionalism does not constitute income subject to taxation (Il Quotidiano del lavoro de Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Antonella Iacobellis)

The Court of Cassation, February 3, 2021, no. 2472 ruled that the non-pecuniary damage to professionalism must be traced back to the emerging damage and, as such, not…

Insights, News

Social security cushions, system crisis certified by the virus (Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Alessandra Zilla)

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools,…

Insights, News

Processing data on Covid-19 vaccination status in the employment context: FAQ(s) from the Italian Data Protection Authority (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 23February 2021 – Vittorio De Luca, Martina De Angeli)

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable…

Insights, News

The minimum requirements of the right to disconnection proposed by the European Parliament (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 9 February 2021 – Vittorio De Luca, Alessandra Zilla)

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means - as specified by the…

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