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

31 July 2018 • Insights

Dismissal for justified objective reasons: legal prerequisites and penalties

The Court of Cassation, with judgement dated 25 June 2018 No. 16702, issued a new ruling on the dismissal for justified objective reasons and related penalty consequences. In particular, the Court of Cassation noted that the negative trend of a company represents a factual requirement that the employer must necessarily prove and the judge accept. ....

9 July 2018 • Insights, News

Good the open dialogue but bad the government ignoring riders and unprotected workers (Affari&Finanza, 9 July 2018 – Vittorio De Luca)

VITTORIO DE LUCA: “THE DECISION TO OPEN A DIALOGUE WITH THE EMPLOYERS (FOOD DELIVERY COMPANIES) IS MEANINGFUL AND THE DOCUMENT SIGNED BY SOME OF THEM REPRESENTS A FIRST STEP, BUT WHY NOTHING HAS BEEN INCLUDED IN THE DECREE?” The new government has the merit of having opened a dialogue aimed at regulating the work of ....

6 July 2018 • Insights, News

Extensions and renewals, regulatory uncertainties fuel the rush (Il Sole 24 Ore, 6 July 2018 – Vittorio De Luca)

“These are very hectic days for the companies and agencies offering staff leasing due to the effects of the new fixed-term contracts rules. This risks to trigger a surge of contract extensions and renewals before the new rules enter into force, even if no one has seen the final text of the decree yet.” Vittorio ....

29 June 2018 • Insights

Prohibition of cash payment for remunerations and invalidity of pay slip signature as proof (Newsletter Norme & Tributi n. 125 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

As established by the Budget Law 2018 (Law No. 205/17), effective 1st July, employers and private clients will have to pay to their workers wages/remunerations and any advance through traceable means. It will no longer be possible to pay by cash and this independently of the type of work relationship established. The law is clearly ....

28 June 2018 • Insights

DID YOU KNOW THAT… from 1st July 2018, the ban on cash payment – of the salary/compensation – comes into force?

From 1st July 2018, employers and principals are obliged to pay remuneration, compensation and any related advance payment, through traceable means of payment, i.e. bank transfer with IBAN code indicated by the worker, electronic payment instruments, payment in cash at banks or post offices where the employer/principal has opened a treasury account with a mandate ....

26 June 2018 • Insights

The Government’s first Decree Law on employment contracts is on its way

The first decree law on employment contracts is already ready on the table of the Council of Ministers, that is the so-called Dignity Decree, which could be approved in the month of July. Amongst the main new developments, one may find the reform of fixed-term contracts, aimed at fostering the entering into of indefinite employment ....

26 June 2018 • Insights

Greenlight for the replacement Agreement

The Ministry of Labour and Social Policies and ANPAL (that is the National Agency for Active Employment Policies) issued, on 7 June 2018, a joint signature circular establishing the criteria and the ways of accessing the replacement Agreement by the employees falling within company and professional profile scopes at risk of excess of staff, by ....

26 June 2018 • Insights

Lawfulness of the personal data processing through GPS, but with limitations

With its Decision No. 441 of 29 May 2018, the Data Protection Authority has admitted the possibility of personal data processing through a geographic positioning system installed on tablets and smartphones given to the employees of a company that renders private security guard and money & valuables transport services. The above provided that the company ....