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

11 December 2015 • Insights

Cassation Court; layoffs and selection criteria as per article 5, Law 223/1991

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the ....

11 December 2015 • Insights

Cassation Court: term for challenging including for managers

With its ruling no. 22627 of 5 November 2015, the Cassation Court confirmed the lower court decision, declaring that, following the introduction of the Collegato Lavoro (Law 183/2010), the statute of limitations and ineffectiveness of the challenge of a dismissal as per article 6 of Law 604/1996 also applies to managers. Basically a manager, like ....

11 December 2015 • Insights

European Court of Justice: interpretation of the directive on collective redundancies

The Court of Justice of the European Union, with sentence no. C-422/14 of 11 November 2015, intervened on two central points of the European directive on collective redundancies (98/59/EC). In this case (i) the calculation criteria for company size which makes the law governing collective redundancies applicable and (ii) the notion of redundancy useful for ....

11 December 2015 • Insights

Draft law: Whistleblowing

Draft law 1751 currently before the Justice and Labour Commissions of the Chamber of Deputies, regulates “whistleblowing”, i.e. employee reporting of unlawful acts encountered at work- This is a system which guarantees legality that is not very widespread in Italy, but is much more so abroad, especially in Great Britain and the USA. It provides ....

11 December 2015 • Insights

Jobs Act: mandatory employment when the threshold of 15 employees is reached

Legislative Decree 151/2015, implementing the Jobs Act in terms of rationalisation and simplification of requirements, has repealed, effective as of 1 January 2017, paragraph 2, of article 3 of Law 68/1999. Therefore, starting on 1 January 2017, employers who employ more than 15 to 35 employees will have the obligation of hiring disabled workers as ....

11 December 2015 • Insights

Jobs Act: obligation of correct information notice

With the new article 4 of Law 300/1970, rewritten by the Jobs Act, the obligation to adequately inform workers on the procedures for using equipment from which remote control of work activities and work instruments may occur as well as the procedures for performing controls becomes the requirement for being able to use information collected ....

11 December 2015 • Insights

Jobs Act: independent contractors and VAT registered individuals – amnesty

Pursuant to article 2 of Legislative Decree 81/2015 enacted 25 June 2015, as of 1 January 2016, collaborations which are organised by others, with the exception of certain exclusions, shall be considered regular employment. Starting on the same date, article 54 of Legislative Decree 81/2015 offers customers/employers the possibility of stabilising workers who are already ....

10 December 2015 • Insights

Global Legal Insights – Employment & Labour Law 4th Edition

Employment & Labour Law 4th Edition, published in association with Dechert - is now available online and is entirely free to access here.