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

4 March 2020 • News

Coronavirus HR Task Force. We’re on it. Count on us.

Since the beginning of February, the work of our “Coronavirus HR Task Force”, made up of our close-knit team of lawyers (for employment law, security law and privacy issues) and HR Capital‘s labour consultants, has continued unceasingly. The complex situations that the context requires companies to deal with mainly concern: Interventions aimed at reducing labour ....

28 February 2020 • Insights

Riders, for Italy and Spain are employees (Guida al Lavoro de Il Sole 24 Ore, 28 February 2020 – Vittorio De Luca, Antonella Iacobellis)

The Italian Supreme Court has stated that the rules on employment apply to so-called riders. The issue of riders is affecting the courts at all latitudes of the world. In this regard, a decision has just been issued by the Superior Court of Madrid, which ruled that Spanish riders must be considered employees and therefore ....

28 February 2020 • Insights

Procurement: further clarifications from the Italian Revenue Agency

With Circular No. 1/E of 12 February 2020, the Italian Revenue Agency provided further clarifications regarding the new provisions introduced by article 17-bis of the 2019 Tax Decree (Law No. 157 of 19 December 2019) on procurement contracts. Let us go into the details of the most important clarifications. Subjective sphere The Italian Revenue Agency, ....

28 February 2020 • Insights

The unilateral withdrawal of the employer from the currently applicable National Collective Bargaining Agreement (NCBA) is unlawful (Newsletter Norme & Tributi n. 139 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Cassation, in its judgment no. 21537/2019, declared the unilateral termination of the applied NCBA by the employer before its natural expiry date unlawful, even if accompanied by adequate notice. This power lies solely with the signatories of the NCBA, i.e. the trade unions and employers’ associations. According to the Court of Cassation, ....

28 February 2020 • Insights

Regularity of contributions for the posted employee holding the A1 certificate

The territorially competent Court, by judgment No. 106/2019 published on 3 February 2020, stated that the existence of A1 certificates creates a presumption of regularity of contributions of the posted worker. The facts An Airline company whose registered office is outside Italy brought an action before the Italian National Social Security Institute (‘INPS’), as it ....

28 February 2020 • Insights

Disciplinary procedure: illness does not justify the inability to attend the requested oral hearing

The Court of Cassation, in its judgment No. 980 of 17 January 2020, clarified that, in the context of disciplinary proceedings, the state of illness cannot in itself be sufficient to justify the inability to attend the hearing requested in order to make oral counter-arguments in relation to the contested facts. Facts of the case ....

28 February 2020 • Insights

Leave under Law No. 104 does not have a compensatory or restorative function for the energy used by the worker for the assistance provided: dismissal for just cause is lawful

The Court of Cassation, with judgment No. 1394 filed on 22 January 2020, once again drew attention to the use and potential abuse of leave to assist disabled family members pursuant to Article 33, paragraph 3, of Law No. 104 of 1992. In particular, the Supreme Court, in affirming the principle that such leave is ....

28 February 2020 • Insights

Do you know that… companies will have to update the risk assessment document for the presence of biological risk from the Coronavirus?

Il diffondersi del nuovo virus COVID-19 (cd coronavirus) impone alle aziende di aggiornare il Documento di Valutazione dei rischi (cd DVR), tracciando il nuovo rischio biologico ad esso collegato. Ciò in quanto il datore di lavoro: (i) ai sensi dell’art. 2087 cod. civ., ha il dovere di apprestare tutte le misure di sicurezza al fine ....