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

16 October 2020 • News, Insights

The Supreme Court reaffirms the right to the inalienability of holidays/annual leave (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with ....

16 October 2020 • News, Insights

The service contract and the dismissals at the time of the COVID-19 (Guida al Lavoro de Il Sole 24 Ore, 16 October 2020 – Vittorio De Luca and Antonella Iacobellis)

Faced with the pandemic emergency in progress, the Legislator and the Government have introduced rules aimed at safeguarding jobs, allowing the use of wage supplements and imposing a ban on dismissal for justified objective reasons pursuant to Article 3 L. n. 604/1966 and collective dismissal pursuant to Law no. 223/1991, except for the following hypotheses: ....

16 October 2020 • Insights

Company agreement: representative requirements (Newsletter Norme & Tributi n. 145 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

Under order no. 8265/2020, the Court of Cassation defined the representative requirements that a second-level company agreement must contain to be indisputable to third parties, including INPS (National Institute for Social Security). The order disallowed contribution reduction on performance bonuses based on a company agreement signed annually by the employer and a workers’ representative. Ruling ....

10 October 2020 • News

Teaching in straming for the “executive master in data protection management (GDPR) & cyber security for digital transformation”

Martina De Angeli, from the Compliance Department of our Firm, took part in training sessions held last October 10 and 11 as part of the Module “Compliance Management. I Processi Di Compliance Aziendale” within the “Executive Master in Data Protection Management (GDPR) & Cyber Security for Digital Transformation” organized by Sida Group S.r.l. The intervention ....

8 October 2020 • Insights

The new legislation on transnational posting in effect from 30 September 2020

The reform of transnational posting became officially effective as of 30 September 2020, following publication of the Italian Legislative Decree 122/2020 in the Official Gazette, implementing EU directive 2018/957, adding a series of amendments to the current legislation on the subject contained in Italian Legislative Decree 136/2016. First of all the scope of rules on ....

5 October 2020 • News

Webinar “Employment contracts and self-employment” (Assolombarda, 22 October 2020)

Thursday 22 October 2020Free event held by videoconference (2:30 pm – 4:30 pm) The aim of the Webinar is to analyse different contractual forms that the companies possess to hire new resources and perform an analysis related to self-employment relations. An in-depth focus will be dedicated to the novelties introduced following the health emergency. FOCUS ....

30 September 2020 • Insights

Fictitious secondment (“posting”), the contributory and social security saving is fraud (Guida al Lavoro de Il Sole 24 Ore, 25 September 2020 – Vittorio De Luca and Antonella Iacobellis)

The Court of Cassation has ruled on the matter of the fictitious secondment (“posting”) of employees. Sanctions shall be imposed on any undertaking seconding (“posting”) its own employees by way of fictitious secondment (“posting”). The sanctions provided for under the Biagi Law as to a lawful and correct application of the secondment (“posting”) institution must ....

30 September 2020 • Insights

National Collective Bargaining Agreement, but Riders remain “self-employed”

On 15 September 2020, the ASSODELIVERY and UGL-RIDER trade associations signed the first National Collective Bargaining Agreement governing the work contracts of Bike Delivery Riders, also known as “Riders”. Regardless of any remark as to trade representation issues currently bringing about considerable debate, the agreement, called “National Collective Bargaining Agreement for governing the delivery of ....