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

3 February 2020 • Insights

Procurement: the first clarifications from the Italian Tax Authority

On 13 January 2020, on the occasion of the Forum of accountants and accounting experts held in Milan, the Italian Tax Authority responded to some doubts closely related to the concrete application of the Tax Decree. First of all, it has been affirmed that employment agencies as governed by Chapter I of Title II of ....

3 February 2020 • Insights

Connected work law: the double time limit for expiry does not apply to the dismissal of the manager

The Court of Cassation, in its ruling 395/2020, affirmed that the double time limit for expiry introduced by the Connected Work Law in relation to the invalidity of dismissals is applicable to managers, in the sole cases of nullity provided for by Article 18, paragraph 1, of the Workers’ Statute. On the other hand, in ....

3 February 2020 • Insights

The repêchage obligation also exists in the event of collective redundancy and trade union agreement

The Court of Cassation, with order no. 118 of 7 January 2020, on the subject of collective redundancy, stated, recalling its own consolidated case law, that the choice of workers to be dismissed cannot fall exclusively on the personnel assigned to the department or sector eliminated or reduced. There must, in fact, be objective business ....

3 February 2020 • Insights

DID YOU KNOW THAT… The Court of Cassation considers riders to be employees?

The Court of Cassation, with judgement no. 1663 of 24 January 2020, extended the rules on employment to riders. According to the Supreme Court, the regime of autonomy of the workers regime is intact in the genetic phase of the agreement (the worker being free to oblige himself or not to provide the service) but ....

30 January 2020 • Insights

Signature of the Convention for the representation of trade unions in the company: an anti-dumping agreement (Newsletter Norme & Tributi n. 138 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

On 19.09.19 Inps, National Labour Inspectorate (Inl), Confindustria, Cgil, Cisl and Uil signed a Convention. It aims to measure and certify how representative trade unions are and substantiate the number of valid Collective Bargaining Agreements thus fighting pirate contracts. The Convention implements the Single Text on representation signed by the social partners on 10.01.14. It ....

29 January 2020 • Insights

The judge may not of his own motion find any ground for nullity of the dismissal other than the one raised as an objection by the party (Il Quotidiano del Lavoro de Il Sole 24 Ore, 29 January 2020 – Vittorio De Luca, Antonella Iacobellis)

In its interesting judgement no. 8 of 2 January 2020, the Supreme Court ruled that, in view of the special nature of the governance of the invalidity of dismissal compared to the general governance of negotiated invalidity, the judge may not of his own motion find any reason for the dismissal to be invalid other ....

20 January 2020 • Insights

Employers who keeps the former employee’s email account active commits an offence

The Data Protection Authority, with “Measure no. 216 dated 4 December 2019“, confirmed an already consolidated position, according to which employers that keeps an employee’s company email account active after the termination of the employment contract and accesses the emails contained in the mailbox, commits an offence. The case A company used the labour court ....

20 January 2020 • Insights

Drivers: the Labour Inspectorate gives the go-ahead to the installation on smartphones of an application that allows for geolocation during the work activity.

The Central Directorate of Supervision, Legal Affairs and Litigation of the National Labour Inspectorate (“INL“), with note no. 9728 dated November 12, 2019, authorised the installation of an application on smartphones assigned to so-called Drivers, allowing for their geolocation during the delivery of goods. This is provided that the companies concerned are not RSAs or ....