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

Work activity while on sick leave: dismissal is legitimate only if work delays healing

The Court of Cassation, with judgement No. 17514 dated 4 July 2018, deemed justified the disciplinary dismissal ordered to a bus driver of a private rental company who, during a long period of absence from work for an ongoing injury, was found to be working for a car parking facility. On the same date, on ....

31 July 2018 • Insights

Even for the Court of Milan food-riders are self-employed

The “battle” on the type of employment relationship of the so-called riders in the age of the gig economy continues. A few months after the judgement issued by the Court of Turin ruling that the six riders of Foodora could not be deemed employees of the company, the Court of Milan ruled on 4 July ....

31 July 2018 • Insights

Dismissal for justified objective reasons: indemnification protection in the case of violation of the selection criteria

The Court of Cassation, with judgement No. 19732 dated 25 July 2018, confirmed that in the case of dismissal for justified objective reasons, the selection of the employee, or employees, to be dismissed is not fully at the discretion of the employer. In fact, it is limited, in addition by the prohibition to discriminate, by ....

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 ....