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

2 January 2017 • Insights

The 2017 Finance Bill has been approved

On 7 December 2017, the Senate definitively approved bill no. 2611 relevant to the “Government Budget for the 2017 financial year and the multi-annual budget for the three-year period 2017-2019” (the so-called 2017 Finance Bill). The main developments in terms of “employment” include: (i) the increase in the value of production bonuses with a fixed ....

2 January 2017 • Insights

Gangmastering is now a predicate offence entailing the administrative liability of entities

With the entry into force of Law no. 199/2016 on 4 November 2016, the predicate offences entailing the administrative liability of entities set forth by Legislative Decree no. 231/2001 (hereinafter the “Decree”) now include illegal intermediation and exploitation of labour (known as the “gangmastering”). More specifically, the measures set forth by section 25 quinquies of ....

2 January 2017 • Insights

The authoritative interpretation of the definition of “travelling workers on assignment” provided by the tax decree

Section 7-quinquies of the law which converted decree no. 225 dated 1 December 2016 containing “Urgent fiscal measures and measures for financing non-deferrable requirements ”, published in Official Gazette no. 282/2016, provides an authoritative interpretation of the definition of “earnings from work carried out on assignment” and “travelling worker on assignment”. In particular, paragraph 6 ....

2 January 2017 • Insights

The draft renewal agreement for the Wood Furnishings industry has been signed

On 13 December 2016, FenealUil, Filca Cisl, Fillea Cgil and Federlegno signed the draft renewal agreement for the  Wood Furnishings Industry. The agreement, which is applicable to about 250 thousand workers, introduces a salary increase based on two principles: the first provides a fixed monthly increase tranche, without any verification, equal to 35.00 Euro for ....

2 January 2017 • Insights

Dismissal for justified objective grounds cannot be based on the intentional behaviour of an employee

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....

27 December 2016 • Insights

An entrepreneurial choice is unquestionable, but a Judge may substantiate the validity of the reasons for dismissal (Il Quotidiano del Lavoro – 27 December 2016 – Alberto De Luca, Claudia Cerbone)

La Corte di cassazione, sezione lavoro, con sentenza n. 24803 del 2016, torna ad affrontare la spinosa questione della possibilità, da parte dei giudici, di controllare l'effettiva esistenza...

20 December 2016 • Insights

Unemployment benefits, all the developments as from 1 January 2017 (Il Quotidiano del Lavoro, 20 December 2016, Vittorio De Luca – Luciano Vella)

Con la circolare n. 217 del 2016 l’Inps ha confermato che dal 1° gennaio 2017 l’istituto della mobilità ordinaria cesserà di esistere, così come stabilito dall’art. 2, comma 71, della cosiddetta legge Fornero che...

19 December 2016 • Insights

If «private» behaviour affects trust, dismissal is legitimate (Il Quotidiano del Lavoro, 19 December 2016 – Alberto De Luca, Luciano Vella)

Con sentenza 24 novembre 2016, n. 24023, la sezione lavoro della Corte di Cassazione è tornata a occuparsi delle ipotesi in cui i comportamenti privati del dipendente possano...