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

1 April 2020 • Insights

Dismissal for just cause and reintegration protection

The Court of Cassation, with the sentence no. 4879 of 24 February 2020 confirmed that the reinstatement protection provided by article 18, paragraph 4 of Law 300/1970 in case of “inexistence of the claimed fact” is also applicable in the case of inexistence of the claim or if the same contains facts different than those ....

1 April 2020 • Insights

Reinstated but inactive worker: compensation for personal injury is lawful

The Italian Cassation Court with its sentence 6750 of 10 March 2020, observed that an employer who demoted and left inactive a worker reintegrated following a ruling of unlawful dismissal notified to the same, is required to pay any personal injury sustained. The facts The first instance Judge partially granted the claim submitted by a ....

1 April 2020 • Insights

DID YOU KNOW THAT… The Cura Italia Decree introduced a ban on dismissals?

Article 46 of the Cura Italia Decree, containing urgent measures to contrast the COVID 19 emergency states that “beginning from the date the degree goes into effect starting any proceedings as per articles 4, 5 and 24 of Italian Law no. 223 of 23 July 1991 is prohibited for 60 days and pending proceedings started ....

26 March 2020 • News

Vittorio De Luca speaker at the webinar organized by Talent Garden

Vittorio De Luca took part in the webinar organized by Talent Garden to present an overview of the innovations in labour law contained in the Italian Law Decree no. 18/2020 . In his report Vittorio took stock of the social shock absorbers and the new “smart trade union” consultation, to use the definition coined by ....

25 March 2020 • Insights

Remote working, risks if the company opposes in times of Coronavirus (Agendadigitale.eu, 25 March 2020)

It would be improper to say that, at least until the Covid-19 emergency period is over, the employer is free to decide whether or not to adopt an agile working mode for his employees. This can be seen from the DCPM of 11 March, which provides for maximum use by companies of agile working arrangements ....

23 March 2020 • News

MAG – LC Publishing Group publishes Vittorio De Luca’s point of view on social shock absorbers

Among the measures that have come one after another in these weeks, this is the right time to make some remarks in light of the novelties introduced with Italian Legislative Decree no. 18/2020 “Cura Italia”, effective as of 17 March 2020. First of all, it should be noted that in terms of social safety nets, ....

23 March 2020 • Insights

“Cura Italia” Decree to support enterprises and workers

Among the measures that have come one after another in these weeks, this is the right time to make some remarks in light of the novelties introduced with Italian Legislative Decree no. 18/2020 “Cura Italia”, effective as of 17 March 2020. First of all, it should be noted that in terms of social safety nets, ....

23 March 2020 • News, Insights

The DCPM of 22 March 2020 and the new restrictive measures

With the DCPM of March 22, 2020 (“Decree”), the Government sanctioned, on the entire national territory, the “suspension of industrial or commercial production activities”, unless they are organized by means of distance or agile work. The companies concerned may complete the activities necessary for the suspension by March 25th , including the shipment of goods ....