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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.

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ALL NEWS AND INSIGHTS

21 October 2019 • Insights

According to the Court of Appeal, the employer is responsible for proving earnings from other work (Il Quotidiano del Lavoro de Il Sole 24 Ore, 21 ottobre 2019 – Enrico De Luca, Antonella Iacobellis)

The Court of Appeal, by ruling no. 25355 dated 9 October 2019, stated that employers that claim earnings from other work or sources to be deducted from the compensation due to employees are required to enclose specific factual circumstances and to provide timely specifications, proving general requests for evidence or requests for evidence for purely ....

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16 October 2019 • News

Workshop “Legal and Contractual Regulation of Working Hours” – Assolombarda, Milan (16 October 2019)

Stefania Raviele attended as speaker at the “Legal and Contractual Regulation of Working Hours” conference, organised by Assolombarda on 16 October in Milan. Stefania Raviele, starting from the legal regulation of working hours, discussed the issue of possible checks, by the employer, of working hours, partly in light of the very recent ruling of the ....

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15 October 2019 • News

“New pensions: impact on the labour market” conference – Convenia, Milan (15 October 2019)

Alberto De Luca spoke at the “New pensions: impact on the labour market” conference organised by Convenia on 15 October in Milan. The conference included, among other prestigious speakers, the extraordinary attendance and introductory speech of Professor Elsa Fornero, on the reflections of the labour market and governance of pensions on competitiveness and growth. Click ....

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7 October 2019 • Insights

Compatibility of the cumulation of corporate positions and employment relationships: The clarifications of the INPS

INPS, with message no. 3359 of 17 September 2019, summarised and explained to the economic operators and their area offices, the principles established at the Supreme Court level regarding the compatibility between the ownership of corporate offices and/or the figure of the shareholder of corporations with a clear employment relationship. The message is based on ....

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7 October 2019 • Insights

Accident of the undeclared worker: liability of the employer and the company

The Court of Cassation, Fourth Criminal Section, with sentence no. 35934 of 9 August 2019 addressed the case of an accident involving an “off-the-books” worker. The Court of Cassation, confirming the decision regarding the substance, recognized both the liability of the legal representative of the company, in his capacity as employer, and the administrative liability ....

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7 October 2019 • Insights

Milan Court of Appeals: non-competition agreement and option clause in favour of the employer

The Court of Appeals of Milan, with sentence 908 of 2 September 2019, addressed the issue of the validity of the non-competition agreement subject to the right of option under Article 1331 of the Italian Civil Code for the employer. Facts of the case The case in question originates from the appeal filed by an ....

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7 October 2019 • Insights

DO YOU KNOW THAT… starting 10 September, income deriving from remuneration plans based on financial instruments does not count for the purposes of employee severance indemnities, contractual institutions and the calculation of the indemnity in lieu of notice for executives of the Tertiary National Collective Labour Contract?

On September 10, 2019 Confcommercio and Manageritalia, following the agreement to extend the validity of the National Collective Labour Agreement for the Managers of Tertiary Companies last July 11, signed an Agreement Report regarding welfare and contractual bilateralism. Among the significant changes, it should be noted that, starting 10 September 2019, income deriving from stock ....

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4 September 2019 • Insights

Corporate immigration: Global Legal Group 2019 comparative guide available on line

Security Decree, in force since December 2018, has amended the Legislative Decree 286/98 (“Immigration Act”) concerning corporate immigration in Italy. The 2019 edition of the international comparative legal guide to corporate immigration, published by Global Legal Group in partnership with American Immigration Lawyers Association, now available for free on line, provides an analysis of 34 ....

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