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

1 December 2020 • Insights

Labour intensive contracts: Inspectorate lacks jurisdiction for withholding taxes

The Labour Inspectorate, with note no. 1037 of 26 November 2020, intervened on an investigation of offences against an employing party in a “labour-intensive” contract. Regulatory references Art. 4 of the Decree Law 124/2019 (the “Fiscal Decree“) added to Legislative Decree 241/1997 the new art. 17bis, which imposes new obligations on employing parties in labour-intensive ....

1 December 2020 • Insights

Riders: Ministry of Labour clarifications

Following what was announced to the social partners at the meeting held on 18 November 2020, the Ministry of Labour issued the following 19 November Circular no. 17 explaining the regulations governing digital platforms’ delivery cyclists (riders). The Ministry outlined the essential features of Legislative Decree of 15 June 2015, no. 81, as amended and ....

1 December 2020 • Insights

Collective dismissal and selection criteria: the Constitutional Court declares the sanctioning system’s legitimacy issues inadmissible

The Constitutional Court, with its ruling no. 254 filed on 26 November 2020, declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions concerning collective redundancies which violated the selection criteria. the Board considered the judge’s reasoning on the relevance insufficient and any request for corrective action ....

1 December 2020 • Insights

The validity of waivers and settlements within the employment relationship

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee’s declaration may be considered as a waiver if the settlement agreement was issued with awareness of determined or objectively determinable rights and with a conscious intent to waive or settle them. Facts of ....

1 December 2020 • Insights

DID YOU KNOW THAT… Covid-19 is one of the biological risks that cause infectious diseases in the workplace?

Decree Law no. 149/2020 ( “Ristori-bis Decree”), the Italian legislation has implemented Directive 2020/739 of 3 June last (the “Directive“). The latter has amended Annex III of Directive 2000/54/EC on the protection of workers from health risks and safety arising, or likely to arise, from exposure during normal work to biological agents identified in the ....

30 November 2020 • News, Insights

The emergency legislation at the time of Covid-19 overcomplicates the discipline of the fixed-term contract (Guida al Lavoro de Il Sole 24 Ore, 27 November 2020 – Vittorio De Luca e Antonella Iacobellis)

The discipline of fixed-term employment relationships has undergone important amendments by the emergency legislation which has been the subject, and still is, of a wide debate by doctrine who did not spare themselves in identifying the countless critical profiles and contradictory. The contribution of the Vittorio De Luca and Antonella Iacobellis first offers an high-level ....

25 November 2020 • News

De Luca & Partners teaching in streaming for the Master “Diritto e Impresa” – Business School, Sole 24 Ore

Marco Giangrande and Antonella Lacobellis lectured during of the 23, 24 and 25 November Labour Law module training course. The module was part of the “Diritto e Impresa” (Milan) master’s course organised by Il Sole 24 ORE Business School. The course focused on the labour law sources, the essential elements of the subordinate employment relationship, ....

13 November 2020 • Insights

Union Agreement: an exception to ban on dismissals (Newsletter Norme & Tributi n. 146 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The current emergency due to the spread of Covid-19 led the Italian Government to ban dismissals for objective justified reason and suspend layoff proceedings. Initially introduced with the Cure Italy Decree, it was later extended with additional Government conditions. The most recent, art. 12, par. 11, of Decree Law 137/2020 (“Ristori Decree”) extended it until ....