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

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

Secondment of workers in Italy: stopping the abuse (Il Giornale di Vicenza – Idea Impresa, 28 February 2017 – Vittorio De Luca, Gaia Morra)

Il D.lgs. 136/2016, entrato in vigore lo scorso 22 luglio, ha recepito nel nostro ordinamento le disposizioni comunitarie in materia di distacco dei lavoratori nell’ambito di una prestazione di servizi. Il decreto, che ha abrogato il vecchio D. lgs. 72/2000, racchiude infatti in un unico testo le norme volte ad attuare sia la direttiva 96/71/CE ....

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 ....

27 February 2017 • Insights

Lawful dismissal for an employee who sells products of his/her employer on the Internet under a false name

The Labour Division of the Milan Court with judgement no. 4703 dated 20 February 2017, ruled on the appeal pursuant to article 1, paragraph 48 and following of Law 92/2012 filed by an employee against dismissal for just cause ordered by one of our client Companies for having sold on the Internet, under false name, ....

27 February 2017 • Insights

The relationship between a share capital company and its director is not comparable to a subordinate employment relationship or contract work

The Plenary Sitting of the Court of Cassation, with judgement no. 1545 dated 20 January 2017, replied to the question concerning the nature of the relationship between a company limited by shares and its director, alias if it can be classified as a contract work or as self-employment work (that is extraneous to such scenario). ....

27 February 2017 • Insights

Dismissal for just cause of an employee consuming corporate goods is lawful independently of the marginal damage suffered by the employer.

The Court of Bologna with judgement no. 149 dated 10 February 2017, declared lawful the dismissal for just cause ordered for an employee who consumed company goods (food and beverages) at the workplace. During the summary case hearing, the Judge of the court where the employee filed the appeal under article 1, paragraph 48, of ....

27 February 2017 • Insights

Top managers who do not make use of vacation days are not entitled to receive substitutive allowance

The Court of Cassation, with judgement no. 2000 dated 26 January 2017, ruled once again on the right of top managers to obtain substitutive allowance for any accrued vacation days not taken and on the related burden of proof. Specifically, the Court stated that this right (and the resulting burden of proof) is closely connected ....