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

31 March 2016 • Insights

On line resignation: the first critical aspects

On 12 March 2016, the new procedure came into force governing online resignation and termination by agreement, introduced by the Jobs Act. However, there are certain critical aspects of the new procedure. Firstly, there is an initial doubt regarding the procedure’s application in the case of resignation during an employee’s trial period. On the one ....

3 March 2016 • Insights

Court of Cassation: labour supply contracts and time limit

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This is a much-discussed issue, following the introduction of article 32 of Law No. 183/2010 (the so-called ‘Collegato Lavoro‘), both by law scholars and by case law. Even ....

3 March 2016 • Insights

Court of Cassation: no recourse to business procurers. The illegitimate use in lieu of agency agreements is unlawful

With its judgments No. 1856 of 1 February 2016 and No. 1974 of 2 February 2016, the Court of Cassation has ruled on the existing distinction between agents and business procurers. In particular, the Court of Cassation has stated that the distinguishing features of an agency agreement are the continuity and stability of the activity ....

3 March 2016 • Insights

Court of Cassation: the so-called strike of duties is unlawful

With its judgment No. 1350 of 26 January 2016, the Court of Cassation has held that a disciplinary sanction inflicted on an employee who, upon industrial unrest, had refused to substitute an absent colleague within a time frame outside normal working hours, regardless of an express obligation included in the trade-union agreement, is lawful. The ....

3 March 2016 • Insights

Approval of the self-employment’s statute

On 28 January 2016, the Council of Ministers passed, amongst others, the bill conveying measures for protecting non-entrepreneurial self-employment. The regulation at issue must follow the procedure to enact a bill, in order for it to enter into force. Such regulation was announced as the professional Self-employment’s statute, since it is the first unitary text ....

3 March 2016 • Insights

Stability Law for 2016: the legal framework of the company’s welfare

Amongst the main new developments introduced by the Stability Law for 2016, the amendments made to article 51 of the Consolidated Tax Act (TUIR) are particularly important. In particular, the measures foresee a personal income tax (IRPEF) exemption for: (i) supplies and services (aimed at education, training, leisure, welfare services and health care, religion) which, ....

3 March 2016 • Insights

Ministry of Labour: the new freelance work coordinated by an employer

With its circular No. 3 of 1 February 2016, the Ministry of Labour and Social Policies has given its own inspectors the first operational instructions on the new rules on freelance work coordinated by an employer, as per Legislative Decree No. 81/2015. In particular, the Ministry has dwelled upon the so-called heter-organisation issue, by considering ....

3 March 2016 • Insights

Mandatory employment: the term for sending the prospectus has been extended until 15 May 2016

As regards the employment targeted at the disabled, Legislative Decree No. 151/2015 has introduced some new developments on the so-called ‘reserve quota’, partial exemptions, mandatory hiring procedures, automatic compensation for public employers and implementation of the so-called ‘Targeted employment database‘. Therefore, in order to enable the adjustment of the IT systems and ensure a full ....