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.
With order no. 16135 of 28 July 2020, The Court of Cassation stated that meal vouchers were not remunerative and that their issue may be unilaterally interrupted by the employer. The facts of the case The legal case originates from an appeal filed by a worker with the court to (i) declare the unilateral decision ....
The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the “mitigated” reinstatement protection (with employment re-establishment and compensation up to a maximum of 12 months’ salary) in cases with no underlying cause for dismissal for objective justified reasons. Facts The case in question originates ....
Decree Law no. 14 August 2020, no. 104 (the “August” Decree) which extends the Prohibition of dismissalperiod for individual and collective redundancies following a staff reduction, introduced by the “Cure Italy” Decree for 60 days and extended by the “Relaunch” Decree until 17 August 2020. The August Decree precluded collective and individual dismissals for objective ....
The Ministry of the Interior together with the Ministry of Labour and Social Policies, issued circular no. 2399 of 24 July 2020 which provided additional indications on the procedure related to legalising employment as per article 103, Law Decree 34/2020 (Relaunch Decree). The circular examines a series of actual cases that required operating explanations and, ....
The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company sale, if such transfer is declared unlawful. The case law orientation on this issue has been in conflict for a long time. According to a recent ruling ....
INPS, with its message no. 2797 of 14 July 2020 provided clarifications related to private and public workers, as well as NASPI (Italian unemployment) beneficiaries, who work for brief periods in Germany. Specifically, for private employees, they first underlined that the applicable legislation, based on the provisions contained in article 13, paragraph 1 of the ....
The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered the company that exercises authority over an employee, bears the corresponding wage cost and possesses the actual power to dismiss the employee, and not the company that ....
Legislative Decree n. 104/2020 (so-called “Decreto Agosto”) has just been published in the Official Gazette n. 203 of August 14, 2020. The most significant innovations concerning the employment profiles introduced by Legislative Decree n. 104/2020 are the following: A. Social shock absorbers In order to grant relief to all employers, a further eighteen (9+9) weeks ....
