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

27 March 2017 • Insights

Unlawful dismissal for reduction of costs if the employer does not demonstrate the effectiveness of the downsizing

The Court of Cassation with judgement No. 5323 dated 2 March 2017, expressed once again its opinion on the lawfulness of dismissal for objective just cause in order to define its contents and limitations. In the specific case, an administration clerk challenged his dismissal, ordered for a needed corporate cost reduction. The Company, even if ....

27 March 2017 • Insights

Textile Sector – Apparel: signed the draft renewal agreement of the National Collective Bargaining Agreement

On 21 February 2017, SMI (Sistema Moda Italiana) and the professional trade unions (Femca-Cisl, Filctem-Cgil, Uiltec-Uil) signed a draft renewal agreement of the National Collective Bargaining Agreement for the Textile, Apparel and Fashion sector. The new contract is effective from 1 April 2016 – therefore without interruption respect to the previous National Collective Bargaining Agreement ....

27 March 2017 • Insights

Retrocession to the Client of the contracted company may mean a corporate transfer as per article 2112 of the Italian Civil Code

The Court of Cassation, with judgement No. 6770 of 15 March 2017, overturned the decision of the Court of Appeal of Rome establishing a contraris that, the retrocession to the Client company of the contracted services does not exclude the possibility that a corporate transfer may occur according to article 2112 of the Italian Civil ....

27 March 2017 • Insights

Disciplinary dismissal: double checking by the judge

The Court of Cassation, with judgement No. 7166 dated 21 March 2017 has once again deliberated on the subject matter of disciplinary dismissal. In this specific case, the employee, holding the position of emergency technical manager was dismissed after a disciplinary proceeding for having refused to respond to two subsequent support calls respectively for a ....

20 March 2017 • News

“Externalisations, tenders and corporate transfers” – Convenia, Milan (9-10 May 2017), Rome (16-17 May 2017)

Alberto De Luca will participate to the convention “Externalisations, tenders and corporate transfers” to discuss in more details the labour-law issues of tenders in the private sector. The convention, organized by Convenia, will be held in Milan on 9 and 10 May 2017 and in Rome on 16 and 17 May 2017.  

13 March 2017 • Insights, News

Dismissals, bull’s eye “Legal actions are drastically reduced; now the justice system is less burdened” (Affari&Finanza, 13 March 2017 – Vittorio De Luca)

Vittorio De Luca talks about the main effects of the Jobs Act that through the new changes introduced in the matter of flexibility at end of employment, which reduce the possibilities of reintegration and introduce financial compensation, has indeed revolutionised the job market in Italy. According to the statistics of the Ministry “of Justice, lawsuits ....

28 February 2017 • Insights

The procedures for application of the non-recurring one-time payment established by the Renewal of the National Labour Collective Agreement for the private metalworking sector and the mechanical engineering and plant installation sector have been specified

On 19 January 2017, following the successful outcome of the certified workers’ consultation, the Renewal of the National Labour Collective Agreement for the private metalworking sector and mechanical engineering and plant installation sector was officially signed and therefore now fully effective. On that occasion, the Parties also defined the contractual text concerning the gross non-recurrent ....