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

Italian Draft Law No. 25/2017: Goodbye to vouchers and news on tenders

Italian Law decree No. 25 dated 17 March 2017, published on the Official Gazette, has revoked the regulations on ancillary work, voiding completely the instrument already weakened by the latest legislative interventions applied by the amendments to the Jobs Act. Now new legislative policy instruments will have to be designed to fight unreported employment and ....

27 March 2017 • Insights

Approved at the Chamber the draft law on self-employment and the “remote working”

The Chamber, in the session dated 9 March 2017, has approved the Italian Draft Law detailing measures for the protection of non-entrepreneurial self-employment and measures aimed at favouring the flexibility in terms of time and place for employed work (the so called remote working). The provision now is sent back to the Senate for final approval. ....

27 March 2017 • Insights

The “new” 2103 of the Italian Civil Code: Stricter repêchage obligation

The Court of Milan, with judgement No. 3370, filed on 16 December 2016, has stated that the employer, in case of dismissal for financial reasons, in verifying whether to assign the employee to other tasks within the company (the so called repêchage obligation) cannot limit itself to tasks equivalent to the ones performed by the ....

27 March 2017 • Insights

National collective bargaining agreement renewal for metalworkers: contractual text on welfare

On 27 February 2017 Federmeccanica and Assistal with Fim, Fiom and Uilm finalised the contractual text on welfare. The various provisions include among others: (i) employers, effective from 1 June 2017, shall make available to their employees a range of welfare goods and services in the amount of Eur 100 increased to Eur 150 and ....

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 ....

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.