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

27 January 2021 • Insights

Brexit: effects on workers’ mobility and personal data transfers

The exit of the United Kingdom from the European Union  (“Brexit“) will have an impact on international mobility for work purposes and personal data transfer to the United Kingdom. International mobility for work purposes The United Kingdom allows EU citizens already present in the UK for at least five years on 31 December 2020, to ....

27 January 2021 • Insights

Riders: programmed algorithm discrimination

The Court of Bologna, by order of 31 December 2020, upheld the appeal brought by three trade unions confederated to CGIL (Filt, Filcams and Nidl) against the company Deliveroo, describing the access conditions to the digital platform as discriminatory. According to the Court, the work slots booking system penalised those absent from work, without considering ....

27 January 2021 • Insights

Active policies: Fondo Nuove Competenze (New Skills Fund)

The Fondo Nuove competenze – FNC (New Skills Fund) was introduced by article 88, paragraph 1, of the “Relaunch Decree” (Decree Law no. 34/2020) and subsequently amended by Article 4 of the August Decree (Decree Law no. 104/2020). It is a tool with a twofold purpose introduced during the emergency – to allow workers to ....

27 January 2021 • Insights

The Budget Law extends the exception to extensions and renewals of fixed-term contracts

According to ordinary fixed-term contract rules (Art. 19 et seq. of Legislative Decree no. 81/2015), the extension exceeding 12 months and a renewal must be justified by one of the following reasons: temporary and objective needs, unrelated to normal operations, or needs to replace other workers; needs associated with temporary, significant and unforeseeable uptakes in ....

27 January 2021 • Insights

DID YOU KNOW THAT… the Budget Law introduced a new protection period for at-risk workers?

Law 30 December 2020, no. 178 (2021 Budget Law) introduced a new protection period from 1 January 2021 to the following 28 February for public and private at-riskemployees. INPS clarified this with its message no. 171 of 15 January. This protection involves equating the period of absence from work to hospitalisation for workers in possession ....

25 January 2021 • News, Insights

Verbal assault and dismissal for just cause (Il Quotidiano del lavoro de Il Sole 24 Ore, 25 January 2021 – Enrico De Luca, Antonella Iacobellis)

The Supreme Court With ruling no. 553 of 2021 confirmed the legitimacy of the dismissal for just cause imposed on a worker who had uttered offensive and threatening sentences against the company’s judicial administrator. The Supreme Court argued that the decision of the Court of Appeal of Bari which had declared the legitimacy of the ....

18 January 2021 • Insights

Company collective agreements apply to all workers (Newsletter Norme & Tributi n. 147 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

 The Supreme Court of Cassation, with its ruling no. 26509, published on 20 November 2020, reaffirmed a principle by which company collective agreements apply erga omnes to all company workers, even if they are not members of negotiating trade unions. Exceptions are workers who joined a different trade union organisation and disagreed with the agreement. ....

12 January 2021 • News, Insights

New exceptions to extensions and renewals of fixed-term contracts in the Budget Law (Guida al Lavoro of Il Sole 24 Ore, 12 January 2021 – Alberto De Luca, Debhora Scarano)

Budget Law 2021 covers a wide range of measures in labour, taxation, liquidity support areas and business development and, in 1,150 paragraphs, outlines the financial manoeuvre rules. Art. 1, paragraph 279, of Law 30 December 2020, no. 178, extended until 31 March 2021 the possibility of extending or renewing fixed-term contracts by repealing the strict ....