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.
The Cassation Court, in ruling no. 6915 published on 11 March 2021 ruled on the applicability of withdrawal for just cause from agency contracts as contained in art. 2119 of the Civil Code for employment contracts. The Supreme Court in confirming the applicability of this institution to agency contracts as well, underlined how, for the ....
The Court of Justice of the European Union (CJEU), with its ruling of 17 March 2021 (case C-652/2019), decided on prejudicial issues raised by the Court of Milan on 5 August 2019 on the legitimacy of the collective dismissal provisions contained in the Jobs Act. Facts of the case The case regards an employee hired ....
The Decreto Sostegni (Decree Law 41/2021), published in the Official Gazette on 22 March 2021 and enacted on 23 March, extended the ban on dismissals for economic reasons (individual dismissals and collective dismissal procedures), in a generalised manner until 30 June 2021 and then differentiated. Specifically, the ban on dismissals will continue from 1 July ....
The Cassation Court, in ruling 3542, published 11/2/2021, reiterated case law – if there is no law requiring collective contracts be written based on the freedom of form principle – a unwritten company agreement is still valid. An agreement can be made verbally or by implication. Based on freedom of form and the literal interpretation ....
On 21 January 2021, the European Parliament adopted a resolution inviting the European Commission to suggest a Directive guaranteeing workers the right to disconnect from the information technology tools used to carry out their work. The Parliament attached to the Resolution specific recommendations outlining the Directive’s content. The Directive should be addressed to private or ....
In its message dated 2 March 2021, no. 895, INPS provided guidelines on expired residence permits, and clarified they can be extended until next 30 April, under art. 5 of Decree Law 14 January 2021, no. 2 which contained further urgent provisions on the containment and prevention of the COVID -19 epidemiological emergency. The institute ....
Non-competition agreement – Agreement nullity – Remuneration – agreement onerousness – Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no. 5540 “Concerning the non-competition agreement entered into with an employee, the mere provision that the agreement is onerous excludes the extreme sanction of the agreement’s nullity may be applied if there is a financial imbalance ....
Vittorio De Luca during the #Ripartitalia special on MF today, analyses the salient points of Law 81 of 2017, which for many aspects has proven to keep up with the times and withstood the test of the changes caused by the pandemic crisis. However, various limits need to be taken into consideration for a reform. The ....