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 November 2019 • Insights

Did you know that… the Senate has approved the business and corporate crises decree?

At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of employment and for the resolution of corporate crises (the so-called business and corporate crises decree). With specific reference to riders working with digital platforms, the application of ....

31 October 2019 • Insights

Employees who are compulsorily employed cannot be dismissed if they fall below the special reserve (Il Quotidiano del Lavoro de Il Sole 24 Ore, 31 October 2019 – Vittorio De Luca, Antonella Iacobellis)

The Court of Appeal, by ruling 26029 dated 15 October 2019, reconfirmed that the dismissal of a compulsorily employed employee must be considered voidable in the context of a collective staff reduction procedure if, at the time of the termination of the employment contract, the number of remaining compulsorily employed employees is less than the ....

31 October 2019 • Insights

Failure to Adopt the Model: accidents at work and the authority’s responsibility (Newsletter Norme & Tributi n. 136– Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Cassation, Fourth Criminal Section, with sentence 35934 of last 09 August, declared a company responsible for the crime of serious injury with violation of safety rules at work. This is because it had not adopted an Organisational Model for health and safety at work suited to prevent the commission of such an ....

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 ....

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 ....

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 ....

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 ....

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 ....