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

1 October 2015 • Insights

Jobs act: between phase two and reform drafts

The first phase of the implementation of Jobs act is drawing to a close with the publication of the remaining 4 legislative decrees on 23 September 2015 in Italy’s Official Gazette. It started 6 months ago with the contract with increased protection based on seniority. Phase two is set to begin where the Ministry of ....

1 October 2015 • Insights

The employer’s disciplinary power and proportion of penalties compared to the accusation

The Milan Court, Employment Section, with her sentence, rejected an appeal submitted by three employees of our Client, who had challenged some conservative disciplinary sanctions inflicted on them (specifically suspension from work and pay), considering them disproportionate since the employer (i) had tolerated their minor breaches for years and (ii) had given them a warning ....

1 October 2015 • Insights

Laws overhauling contracts: relaunch of second level contracts

With the enactment of the “Laws overhauling contracts”, namely Italian Legislative Decree no. 81/2015, a new phase is starting in contractual dynamics and trade union bargaining. There is a significant expansion of the areas where second level agreements can deviate from the general rules of various contractual regulations thus allowing employers to adapt them to ....

1 October 2015 • Insights

CCNL: negotiations for 23 worker categories to start

Autumn 2015 looks like it is going to be a hot one as negotiations are set to start for the renewal of 23 different national collective contracts. The renewal of the most important contracts includes the metalworking sector and chemical-pharmaceutical industry. The negotiations will take place in a context where important employment-related legal reforms have ....

1 October 2015 • Insights

Cassation Court 7 August 2015: the worker and refusal to work on midweek holidays

With its ruling 16592 of 7 August 2015, the Cassation Court declared disciplinary sanction null, specifically a fine, imposed by a clothing company on a salesperson who did not go to work the day of Epiphany, which at the time was during the week. According to the Cassation Court the worker, in accordance with article ....

1 October 2015 • Insights

Cassation Court 1 September 2015: succession of contracts and illegality of probation period

With its ruling no. 17371 of 1 September 2015, the Cassation Court established that a probation period cannot be included in the employment contract, if the hired employee had already performed an identical job at a different company, but that company had had the same contract. The judges further stated that regarding this principle, it ....

1 October 2015 • Insights

European Court of Justice: for workers with no habitual place of work, the home – customer journey is considered working time

The European Union Court of Justice – asked to rule on the EU directive no. 2003/88 concerning working time – established with its decision on 10 September 2015 issued for case C266/14, that journeys by employees with no fixed or habitual place of work (so-called travelling workers), from their homes to that of their first ....

1 October 2015 • Insights

Remote controls and the “new” art. 4 of the Workers’ Statute

The Legislative Decree containing the provisions regarding employment and equal opportunity, published in the Official Gazette 23 September 2015 that became effective on 24 September, has rewritten art. 4 of the Workers’ Statute regarding remote controls. Specifically, employers have been given the possibility to collect information (i) from instruments used by workers to perform their ....