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

5 January 2021 • Insights

Internal regulations: penalty clauses enforceable only if specifically accepted

The Supreme Court of Cassation, by Order no. 27422 dated 1 December 2020, established that the clauses of the national collective agreement stating that workers are required to respect not only the provisions contained therein but also those established in internal regulations does not automatically bind employees to the compensation obligation envisaged therein in the ....

5 January 2021 • Insights

Dismissal: suspension of terms of appeal in the emergency period and appeal methods

Suspension of terms for appealing the dismissal in the emergency period Art. 6 of Italian Law no. 604/1966 states that: the dismissal, under penalty of forfeiture, must be appealed within 60 days from receiving the respective communication and the appeal is ineffective if it is not followed up, within a subsequent 180 day period, by ....

5 January 2021 • Insights

DID YOU KNOW THAT… With the 2021 manoeuvre, the COVID financial support fund has been extended?

Italian Law no. 178 of 30 December 2020 (known as “Budget Law”) has extended the provision of salary supplements due to COVID for a further 12 weeks. Unlike what was envisaged by the previous measures, this time the financial support is free. This means that employers are not required to pay an additional contribution in ....

4 January 2021 • Insights

INPS – Brexit: Clarifications on the issuance of Form A1 for employment periods in the United Kingdom

INPS (the Italian Social Security Institution), with its message no. 4805 dated 22 December 2020, provided clarifications on the issuance of A1/E101 social security certificate for periods of employment in the United Kingdom, concluding after the end of the transition period, namely 31 December 2020. In particular, INPS specified that requests to issue Form A1 ....

24 December 2020 • News, Insights

The point on the challenge of the dismissal in the face of very recent case-law (Guida al Lavoro de Il Sole 24 Ore, 18 December 2020 – Vittorio De Luca, Antonella Iacobellis)

The articles written by Vittorio De Luca and Antonella Iacobellis lingers over two aspects regarding to the out-of-court appeal. If the out-of-court appeal as an attachment transmitted via certified e-mail, not digitally signed by the worker and / or the defender, has the value of an act that interrupts the terms of forfeiture pursuant to ....

11 December 2020 • News, Insights

Italian employment measures provided by the public authority within the frame of the Covid-19 emergency (Invest in Tuscany, 11 December 2020 – Vittorio De Luca, Raffaele Di Vuolo)

Since the beginning of February 2020, the Italian public authorities have issued several emergency provisions to contain the risk of contagion and mitigate the economic and social effects of the pandemic ensuring financial support to families, businesses and workers. Furthermore, as consequence of the ongoing emergency the Italian Government continues to postpone the effectiveness of ....

10 December 2020 • Insights

The Court aligns with CJEU on Jobs Act collective dismissals (Il Quotidiano del lavoro de Il Sole 24 Ore, 3 December 2020 – Vittorio De Luca, Antonella Iacobellis)

With its judgement 254 of 26 November 2020, the Constitutional Court confirmed its loyal collaboration with the Court of Justice of the European Union and declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions related to collective dismissals which violated the selection criteria. The reasoning for ....

2 December 2020 • News, Insights

The Supreme Court once again dwells on the value of the declarations made during the inspection (Il Quotidiano del lavoro de Il Sole 24 Ore, 2 December 2020 – Vittorio De Luca, Antonella Iacobellis)

The Court of Cassation no. 24208 – 02/11/2020 focused again on the value of the statements made during the inspection for the judge called to assess the existence of the employer’s obligation to pay contributions, especially if the latter has not fulfilled the burden of proof. The Supreme Court held that “The principle of self-sufficiency ....