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

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 ....

30 September 2020 • Insights

Failure to take the measures provided for under the GDPR is comparable to the “fault on the organisation’s side” under Legislative Decree No. 231/2001

The Court of Cassation, with order No. 18292 issued on 3 September 2020, has pointed out that failure to arrange the relevant technical and organisational measures safeguarding the protection of the personal data of the data subject is comparable to the organisational fault linked to the failure to adopt an organisational model pursuant to Legislative ....

30 September 2020 • Insights

Unused holidays: right to the payment of the relevant allowance

The Court of Cassation, with order No. 13613/2020, has ruled that the employer is under an obligation to pay to the chief physician the unused holidays unless the employer is able to prove to have put the chief physician in the position to be able to use any such annual leave, informing the latter in ....

29 September 2020 • Insights

Transnational secondment (“posting”): the implementation decree has been published in the State Gazette

Legislative Decree No. 122/2020 has been published in State Gazette No.  229 of 15 September 2020 which, by implementing Directive (EU) 2018/957 on transnational secondment (“posting”), has brought about a series of amendments to the laws and regulations in force represented, on the subject-matter, by Legislative Decree No. 136/2016. Directive (EU) 2018/957, adopted on 28 ....

29 September 2020 • Insights

DID YOU KNOW THAT… the dismissal notified after a considerable lapse of time following the protected period is not unlawful?

The Court of Cassation, with order No. 18960 of 11 September 2020, has stated that in no way may the dismissal following the protected period be deemed belated when the employer, prior to notifying same, waits for an adequate period of time in order to carry out a “prognosis of endurableness” of the overall absence ....

22 September 2020 • Insights

Signed the National Collective Bargaining Agreement but the Riders remain “self-employed”(Il Quotidiano del Lavoro de Il Sole 24 Ore, 22 September 2020 – Alberto De Luca, Raffaele Di Vuolo)

On September 15, 2020, the trade union associations ASSODELIVERY and UGL-RIDER signed the first National Collective Bargaining Agreement (“NCBA”) governing the relationship between Bike Delivery Riders so called “Riders” and their companies. The agreement, called “National Collective Bargaining Agreement for governing the delivery of goods on behalf of third parties, carried out by self-employed workers, ....