Insights

Comments and tools from De Luca & Partners’ experience

Categories: Do you know that

On 17 May 2022, the interministerial decree of the previous 29 March was published, implementing Art. 46 of Legislative Decree no. 198/2006 ( “Equal Opportunities Code”). It defines the procedures for drawing up the two-yearly Equal Opportunities report for public and private companies with more than 50 employees. These companies must draw up the report ....

Categories: Publications

In ruling no. 315 of 12 April 2022, the Court of Appeal of Bologna stated that in the subordinate employment relationship, the time required to wear the company uniform is part of working time only if it is subject to the employer’s control. This may derive either from the “explicit” company regulations or, implicitly, from ....

Categories: Publications

In its ruling no. 1018/2022, published on 20 April 2022, Court of Milan Judge Franco Caroleo, confirmed case law, by recognising the existence of an employment relationship between a rider and a well-known food delivery platform. The ruling recognised the worker a sixth level classification and related remuneration under the Commercial National Collective Labour Agreement ....

Categories: Publications

The Court of Appeal of Rome established the subordinate nature of an employment relationship formally configured as self-employed work, declaring the employee’s right to compensation for pension differential damages under art. 2116 of the Italian Civil Code. for social security contributions never paid and which lapsed the statute of limitation. The Court specified that for ....

Categories: Legislation

Law no.  32 of 7 April 2022  entitled “Delegations to the Government for the support and enhancement of the family” was published in the Official Gazette. Over the next 12 to 24 months, a series of legislative decrees will be adopted, strengthening the work-life balance and giving better family support. Labour law will be a ....

Categories: Publications

In ruling no. 95/2022, the Court of Vicenza held that the acceptance of a collective agreement may be tacit or by conduct, i.e., by actually applying its terms. Once a party can be said to have accepted the agreement, this is binding on such party. In the case at issue, three labour organisations had sued ....

Categories: Case Law

In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that – if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991 for the collective dismissal procedure does not correctly specify the criteria for the selection of the workers concerned, the procedure is unlawful and, consequently, the dismissal must ....

Categories: Case Law

The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate, in the absence of prior authorisation from the trade union to which they belong, is ineffective and constitutes anti-union conduct.   Facts of the case  The decision stems ....