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

28 April 2021 • Insights

Revirement of the Court of Rome: dismissal prohibition does not apply to executives

The Court of Rome, in its ruling no. 3605 of 19 April, 2021, ruled on the application of the dismissal prohibition, provided for by art. 46 of the “Cure Italy” decree and confirmed by the emergency measures that followed, to executives. Contrary to the conclusions reached on 26 February, the Court ruled that “the literal ....

28 April 2021 • Insights

There is no violation of the repêchage obligation if the employee does not want to transfer to another office

The Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for transfer only in certain areas, the employer must prove it is impossible to relocate them in those offices to avoid incurring in the repêchage obligation violation. Facts ....

28 April 2021 • Insights

DID YOU KNOW THAT… COVID-positive workers can be readmitted to work only after a negative molecular swab?

The “Shared protocol for updating measures to combat and contain the spread of the SARS-CoV-2/COVID-19 virus in work environments” was signed on 6 April 2021. It requires workers who remained positive after 21 days of the appearance of COVID-19 symptoms to be readmitted to work only after receiving a negative molecular swab or antigenic swab ....

23 April 2021 • Insights

Repatriated workers: the tax codes to use the special favourable tax regime have been set

With resolution no. 27 of 15 April 2021, the Inland Revenue has set the tax codes “1860” and “1861” for payment of amounts to benefit from the special favourable regime for repatriated,  workers. The regime has been extended for additional five years. Workers may opt for this regime by paying ten or five per cent ....

19 April 2021 • News, Insights

Unions representing staff may bring proceedings to suppress anti-union conduct (Il Quotidiano del lavoro of Il Sole 24 Ore, 19 April 2021 – Vittorio De Luca, Roberta Padula)

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video message was circulated by its Chairman of the Board of Directors, which invited staff to join a trade union and enter into a collective industry agreement.The fact ....

1 April 2021 • News, Insights

A tale of increasing protection: discretion’s return (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 1 April 2021 – Alberto De Luca, Valentino Biasi)

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts. At the time, this measure was considered revolutionary for the principles governing the existing protections. It intended to regulate the consequences of unlawful dismissal automatically and based ....

1 April 2021 • Insights

Complicity between unlawful agency temporary employment and fraudulent tax return through false invoices

The Cassation Court, in ruling no. 8809 of 4 March 2021, confirmed that an invoice bearing the performance of a provision of services for a contract which, de facto, conceals agency temporary employment, constitutes a document for inexistent transactions and amounts to the tax crime of false invoicing. Facts of the case The event was ....

1 April 2021 • Insights

Invalid dismissal notified during COVID ban on dismissals

The Court of Mantua, in its ruling no. 112, filed on 11 November 2020, declared the absolute nullity of dismissal for justified objective reason with consequent applicability of reinstatement in the job that was notified in violation of the express ban introduced by the law decrees enacted to face the pandemic emergency from Covid-19. Facts ....