News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

29 August 2018 • Insights

A dismissal for justified objective reasons is lawful even if the employer makes use of external resources and overtime work

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee had filed a law suite against the dismissal ordered by the company due to closing down of the department where he worked, stating that the dismissal was ....

29 August 2018 • Insights

Reclassification of apprenticeships? Possible if there is a breach of training obligations

The Court of Cassation, with ruling No. 16571/2018 has once again returned  – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on the topic of reclassification of the apprenticeship relationship in an employment relation under an open term contract, if the employer’s obligations to provide training was breached. In ....

29 August 2018 • Insights

A demerger to avoid the regulations on collective dismissal is against the law

With two “twin” rulings (No. 19863 and No.  20620, the latter filed on 7 August), the Court of Cassation had the opportunity to express its opinion on the rules governing collective dismissals linked to corporate demergers. In the case in question, a company had performed a partial demerger – by assigning to two newly incorporate ....

29 August 2018 • Insights

DID YOU KNOW THAT… The Dignity Decree has modified the rules on fixed term contracts and staff-leasing?

Official Gazette No. 186 dated 11 August 2018 has published the conversion law (Law No. 96) of Law Decree 87 (the so called Dignity Decree), entered into force on 14 July. Major changes have been applied to the fixed term contract. In particular, a fixed term contract can be entered into without reason for 12 ....

29 August 2018 • Insights

A draft of the Law Decree for the standardisation of the Privacy Code with the GDPR has been approved

On 8 August, a final version of the draft related to the Law Decree “standardising” the Privacy Code (Legislative Decree 196/03) with the European Regulation 679/2016 on the matter of personal data protection (GDPR) has been approved. More specifically, the Decree establishes that the rights of the interested party may be limited or excluded whenever ....

29 August 2018 • Insights

Failure to hire disabled people or individuals falling under protected categories is an immediate breach of the law with permanent effects

The National Labour Inspectorate (INL), with  its Note No. 6316 dated 18 July 2018 provided its opinion regarding the legal nature of the offence related to failure to hire disabled individuals or individuals belonging to the protected categories as per art. 15, paragraph 4, of the law No. 68/1999. According to INL the aforementioned offence ....

29 August 2018 • Insights

A first attempted collective bargaining agreement for Riders

In reference to the so called  Riders – a hot topic that has heated up recent public debates after a few case law rulings and the “exchange” of opinions between the government and several companies operating in the delivery service sector – employers organisations Confetra, Fedit, Confartigianato Trasporti, Cna Fita, Casartigiani, Claai and workers’ unions ....

27 August 2018 • Insights, News

“Too much protection and rigidity. The three reasons limit business operations” (L’Economia del Corriere della Sera, 27 August 2018 – Vittorio De Luca)

Too much protection and rigid obligations. The Dignity Decree is an insidious and difficult law to apply. In the opinion of attorney Vittorio De Luca, Managing Partner of the Law Firm De Luca & Partners, specialised in labour law, “now more than ever, businesses must pay significant attention to the reasons that legitimate the use ....