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

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 ....

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

Fixed term contract: the indemnification protection covers only periods not actually worked

The Court of Cassation, with judgement No. 17248 dated 2 July 2018, faced the matter of the protection of employees when in the presence of a series of fixed-term contracts. In particular, according to the Court of Cassation, the indemnity ranging from 2.5 to 12 monthly salaries from the last global remuneration as part art. ....

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: 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. ....