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

21 May 2021 • Insights

Brexit: derogation provisions for posted workers

In circular no. 71 of 27 April 2021, INPS transposed the Agreement on Trade and Cooperation between the European Union (EU) and the European Atomic Energy Community, and the United Kingdom of Great Britain and Northern Ireland (TCA). The agreement sets the conditions for cooperation between the participating countries and regulates certain areas, including social ....

18 May 2021 • News

Webinar “HR: TIME TO CHANGE” (Italian-German Chamber of Commerce, 27 May 2021)

Elena Cannone (Senior Associate and Compliance Focus Team Leader – De Luca & Partners) and Andrea Di Nino (Employment Consultant – HR Capital) will participate as guest speakers in “HR: TIME TO CHANGE” organised by the Italian-Germanic Chamber of Commerce next 27 May. LOCATION AND TIMETABLE Thursday 27 May 2021 Videoconference event (from 4 to ....

Licenziamento per giustificato motivo oggettivo
18 May 2021 • News, Insights

The Judge’s verification of the effectiveness of business choices at the basis of the dismissal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 18 May, 2021 – Enrico De Luca, Claudia Cerbone)

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....

12 May 2021 • News, Insights

Appeals Court judge may acquire unfiled documents (Il Quotidiano del lavoro de Il Sole 24 Ore, 12 May 2021 – Vittorio De Luca, Marco Giangrande)

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4 and 5 and article 420, paragraph 1 of the Code of Civil Procedure, in relation to article 360, paragraph 1, number 3 of the same Code, regarding ....

10 May 2021 • News

Interview today with Vittorio De Luca on Affari&Finanza on the topic of vaccinations in the workplace

“The new national protocol for the creation of company plans aimed at activation of extraordinary SARS-COV-2/ Covid-19 vaccination points in workplaces proposes new challenges but also new responsibilities for employers that take part in the project”. The attorney Vittorio De Luca, managing partner of Studio Legale De Luca & Partners specialised in Labour Law and ....

30 April 2021 • Insights

Cassation: union permit used for other purposes may not justify dismissal (Newsletter Norme & Tributi n. 150 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings. Use for other purposes can justify dismissal. According to the Court, the abstract relevance for punishing the worker’s conduct requires real verification of its seriousness and consideration ....

28 April 2021 • Insights

Company Transfer: the transferred employee is subject to the supplementary company bargaining agreement of the transferee and not the transferor

The Court of Cassation, in ruling no. 7221 of 15 March 2021, confirmed the legal principle according to which the Company’s supplementary contract, and the right recognised to the employee by company practice, does not survive the change in collective bargaining following the company transfer. Facts of the case A worker employed by a company ....

28 April 2021 • Insights

Termination during the probationary period is null during dismissal prohibition if based on a need to reduce costs

In its 25 March 2021 ruling, The Court of Rome, declared the termination of employment during the probationary period, null and void because it was contrary to the dismissal prohibition for financial reasons, introduced by art. 46 of Decree Law 18/2020 (“Cure Italy Decree”) and confirmed by the emergency legislation that succeeded the Decree, if ....