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14 June 2021 • News, Insights

Collective dismissal: irrelevant initiation of multiple “Fornero procedures” (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 14 June 2021 – Vittorio De Luca, Alessandra Zilla)14 June 2021

With the recent ruling no. 15118 of 31 May 2021, the Court of Cassation ruled that the initiation of multiple individual dismissal procedures for objective justified reasons under Article 7 of Law 604/66 does not count when calculating the minimum number of five dismissals required to open collective dismissal procedures. The ruling stems from the ....

9 June 2021 • News, Insights

Dismissal is lawful if post-injury depression is non-existent and other work is carried out (Il Quotidiano del lavoro de Il Sole 24 Ore, 9 June 2021 – Enrico De Luca, Debhora Scarano)

In its judgment 15465 of 3 June 2021, the Employment Chambers of the Court of Cassation ruled once again on the peculiarities of dismissal for just cause imposed on an employee carrying out other work during sick leave. In particular, a disciplinary dismissal was ordered against a civil servant who, following a personal accident and ....

7 June 2021 • Insights

Exceptions to the motivation obligation in fixed-term contracts and the reason behind the Inspectorate’s note of 12 May 2021 (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 June 2021 – Alberto De Luca, Stefania Raviele)

Since the beginning of the pandemic, the strict restrictions on the possibility of concluding fixed-term contracts have been suspended for the obvious purpose of favouring employment (albeit fixed-term), which was severely damaged by the economic fallout of the epidemic. Indeed, as early as with the law converting Decree Law no. 18/2020 (so-called Cura Italia), the ....

7 June 2021 • News

Interview today with Vittorio De Luca on Affari&Finanza on remote working

Sundar Pichai, CEO of Google, has recently announced that the company intends to permanently integrate remote working into its working practices, albeit with a hybrid approach, e.g. three days in the office and two days remotely. These statements highlight the growing interest in remote working, a system that many companies were forced to try out ....

3 June 2021 • News, Insights

In the absence of a lawful reason, the dismissal of an employee who refuses a novation agreement is retaliatory (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 3 June 2021 – Enrico De Luca, Raffaele Di Vuolo)

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....

3 June 2021 • News

HR VIRTUAL BREAKFAST “The Sostegni bis Decree: news in the work field” (Enrico De Luca, Stefania Raviele – 8 June 2021)

On Tuesday 8 June, De Luca & Partners will hold the HR Virtual Breakfast focusing on the latest news in labour law introduced by the Sostegni Bis Decree, to examine together the first steps towards the Italian economic recovery to react to the impact of the Covid19 pandemic. Our Partner Enrico De Luca and our ....

1 June 2021 • News

IPBA Virtual Conference “Innovative Resilience in an Altered Legal Landscape” (15-19 June 2021 – Vittorio De Luca, Alberto De Luca)

“Deal Performance and Post Execution Risks“ Cross-border M&A transactions often run against practical, legal or other impediments that may delay or, worse, prevent them from closing. In any case, the investor has to be fully aware of the potential liabilities. Conditions precedent may not be met, regulators may intervene, laws may change, the target business’ ....

31 May 2021 • Insights

Repression of unfair labour practices to freelancers (Newsletter Norme & Tributi n. 151 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. 2 of Leg. Decree no. 81/2015. The judge did not hold the employer’s explicit reference to art. 28 above, sufficient for removing precautionary protection for companies that ....

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