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

13 November 2020 • News

HR VIRTUAL BREAKFAST “Ristori and Ristori bis Decree: opportunities and critical issues for enterprises” (De Luca & Partners – HR Capital, 19 November 2020)

Our HR Breakfasts are back in webinar mode. Thursday 19 November, De Luca & Partners and HR Capital organised the HR Virtual Breakfast with a technical and legal focus on the latest developments in employment. Our Senior Associate Alessandra Zilla and HR Capital Labour Consultant Nunzio Lena took stock of recent emergency decrees moderated by ....

11 November 2020 • News, Insights

Wages guarantee, de-contribution and ban on dismissals, new measures in the Ristori Decree (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 11 November 2020 – Vittorio De Luca, Debhora Scarano)

An employment emergency measure package added to Italian Decree Law 137/2020 approved by the Council of Ministers on 28 October 2020, includes a brief extension of the emergency wages guarantee fund (both ordinary and derogatory) and wage integration fund (FIS) equal to six weeks that can be used from 16 November 2020 until 31 January ....

6 November 2020 • Insights

Remote working in Spain (Il Quotidiano del lavoro de Il Sole 24 Ore, 6 November 2020 – Vittorio De Luca, Antonella Iacobellis)

The Spanish Council of Ministers has approved a Royal Decree on remote working “Real Decreto-Ley 28/2020.” These are a set of provisions aimed at balancing employee and employer needs. It was published in the Boe – the equivalent of the Italian Official Gazette, on 23 September 2020. There are eight points of interest within the ....

28 October 2020 • Insights

The production crisis make employee posting lawful

The Supreme Court of Cassation, by Order no. 18959/2020, confirmed that the interest in posting may also be of a non-economic or wealth nature in the strict sense, but also of a solidaristic type. The important thing is that it does not turn out to be merely third party temporary work. Facts of the case ....

28 October 2020 • Insights

Disciplinary proceedings: second thoughts and integration of oral justifications allowed

The Supreme Court of Cassation, with its ruling no. 19846/2020 underlined the need to grant the worker the possibility to fully exercise his right to defence. This right is to be understood as the possibility to have – at a later time after the initial filing of written justifications without request for oral examination – ....

28 October 2020 • Insights

The employer may request a potential employee’s criminal status certificate in the pre-hiring phase

The Supreme Court of Cassation, by Order no. 17167/2020, considered the personnel selection process that requires involved candidates to produce their criminal status certificate as lawful. Facts of the case The facts in question regard a company’s failure to hire a candidate who had previously worked there with a temporary employment contract. Specifically, the worker, ....

28 October 2020 • Insights

Precautionary appeal blocks the prescriptive time period

The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive limitations, including dismissal) with precautionary appeal, without filing an ordinary appeal to the Labour Court, is not subject to the prescriptive time periods established by law. Facts ....

28 October 2020 • Insights

DID YOU KNOW THAT… The DPCM of 24 October 2020 contains measures to deal with the Covid epidemic emergency in the workplace?

The DCPM was published in the Official Gazette last 24 October containing “additional implementation measures of the decree-law 25 March no.  19, converted, with amendments, by Law no. 35 of 25 May 2020, containing “Urgent measures for dealing with the COVID-19 epidemic emergency” and decree-law no. 33 of 16 May 2020, converted, with amendments, by ....