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

26 July 2016 • Insights

Dismissal for misconduct is lawful if the out-of-work conduct violates the principles of fairness and good faith

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....

26 July 2016 • Insights

Court of Cassation: in the event of dismissal, compensation remains within the limits of what was applied for

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....

26 July 2016 • Insights

Contracts: Community Law in force from 23 July

On 23 July 2016 Community Law No. 122/2016 came into force containing new rules on the management of personnel in the event of succession of procurement. The legislation replaces Article 29, paragraph 3, of Legislative Decree No. 276/2003, which excludes the applicability of the rules of transfer of a company in cases of a contractor ....

26 July 2016 • Insights

Legislative Decree No. 136/2016 as a panacea for the unlawful triangulations used in cross-border postings of workers

On 22 July 2016 Legislative Decree No. 136 that has redefined cross-border postings has been given final approval. The Legislative Decree implementing Directive 2014/67/EU, addresses all cases of irregular posting, encouraging cooperation between States in determining the authenticity of the same. The regulations apply to companies within the EU that post one or more workers ....

26 July 2016 • Insights

Conciliation: double control over filing of minutes in trade unions

The Ministry of Labour, with Memoranda Nos. 5199/2016 and 5755/2016, provided clarifications of interpretation on the filing process at the Territorial Directorate of Labour (DTL) of the minutes of conciliation in trade unions. The Ministry pointed out that in the event of conciliation reports filed in trade unions, the DTL must verify a) the authenticity ....

26 July 2016 • Insights

Laundries: the draft renewal of the COLLECTIVE LABOUR AGREEMENT has been signed

On 13 July 2016 the draft agreement was signed for the renewal of the industrial laundry sector COLLECTIVE LABOUR AGREEMENT, which expired on 30 June 2015. The agreement provides for an average wage increase of Euro 70 for level A3, to be paid in three tranches: (i) EUR 30 from 1 July 2016; (ii) Euro ....

26 July 2016 • Insights

Tertiary-sector Managers: renewal of the COLLECTIVE LABOUR AGREEMENT has been signed

On 21 July 2016, the renewal of the COLLECTIVE LABOUR AGREEMENT for managers of the Tertiary, Distribution and Service sector, was finalised between Confcommercio and Manageritalia. One of the major novelties notably relates to the reduction of the protected period to 240 days in one year, during which full remuneration is paid to the manager, ....

20 July 2016 • News

Labour department inspections: how businesses can defend themselves – Convenia in Milan (October 2016)

Enrico De Luca was a speaker at the conference on “Workplace inspections: defence tools for businesses” organised by Convenia on 6 October 2016 in Milan. The speech focused on major changes that the Jobs Act introduced also on workplace inspection regulations and defence mechanisms available to businesses for their protection.  Click here for more information.