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

30 April 2020 • Insights

Just cause for dismissal not considering the characterisation contained in the collective contract

The Court of Cassation, with its ruling no. 7567 of 27 March 2020, observed that in the case of just cause the judge is required to verify the conduct the worker is charged with in all the objective and subjective aspects that compose it, regardless of the characterisation contained in the collective contract. Facts of ....

30 April 2020 • Insights

DID YOU KNOW THAT… riders must be equipped with personal protective equipment against the risk of contagion?

Urged by requests for protection from some bicycle couriers who proposed an emergency appeal, as per article 700 of the Code of Civil Procedures, the Court of Florence (Florence Labour Court 1 April 2020) first, and then Bologna’s (Bologna Labour Court 14 April 2020) ruled that food delivery platforms have an obligation to provide them ....

28 April 2020 • News

Il Sole 24 Ore – Il Quotidiano del Lavoro: De Luca & Partners on the INAIL Technical Document

Quotidiano del Lavoro published an article signed by Vittorio De Luca and Debhora Scarano regarding the INAIL Technical Document about the possible remodulation of measures to contain SARS-CoV-2 infection in the workplace and to prevent strategies.This Technical Document further confirms the importance for the employer to implement a safety and prevention system in order to ....

27 April 2020 • Insights

INAIL Technical Document on the containment of contagion in the workplace: companies struggling to start up again (Il Quotidiano del Lavoro de Il Sole 24 Ore, 27 April 2020 – Vittorio De Luca, Debhora Scarano)

The health emergency caused by the spread of the Covid-19 virus also involved a real economic emergency. As known, the “lock-down” and the measures with the aim to preventing the spread of the virus (according to Dpcm of 22 March 2020 )and extended until next 3 May 2020 (according to the Dpcm of 10 April ....

24 April 2020 • News

Guida al Lavoro – Il Sole 24 Ore: De Luca & Partners on the holiday institute in the middle of a covid-19 pandemic

Guida al Lavoro publishes a contribution by Vittorio De Luca and Antonella Iacobellis about the management of holidays in times of coronavirus. The Government, with the latest measures issued, has identified the possible tools available to employers for the management of employment relationships in the Covid-19 emergency, including the “recommendation” to “promote the use of ....

24 April 2020 • Insights

The holiday institute in the middle of a covid-19 pandemic (Guida al Lavoro de Il Sole 24 Ore, 24 April 2020 – Vittorio De Luca, Antonella Iacobellis)

The holiday institute The right to take an annual period of paid leave is a right of constitutional rank according to Article 36 paragraph 3, of the Italian Constitution, which provides that “the worker has right […] to an annual period of paid leave, and he cannot renounce it”. On the other hand, Article 2109 ....

21 April 2020 • Insights

Supplementary redundancy fund: doubts about the need for the trade union Agreement (Agendadigitale.eu, 21 April 2020 – Enrico De Luca, Alessandra Zilla)

The fragmented and often cryptic regulatory framework of reference is creating long delays and operational difficulties in accessing the redundancy fund in derogation. Let us take stock. Law provisions, ministerial decrees, circulars and framework agreements have regulated in a not always consistent way the concrete modalities of access to the redundancy fund in derogation in ....

20 April 2020 • Insights

Court of Cassation: transfer of the majority of a union’s members is unfair labour practice (Newsletter Norme & Tributi n. 141 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court’s ruling 1 on 2 January 2020, stated that the requirements of art. 19 of the Workers’ Statute to establish union representatives, with the rights referred to in section 3, should not be confused with the principles stated in art. 28 of the Statute (unfair labour practice repression). Art. 19 requires signing of national ....