Comments and tools from De Luca & Partners’ experience
Categories: Publications
The health emergency caused by the spread of the Covid-19 virus also involved a real economic emergency. As known, the “lock-down” and the measures with the aim to preventing the spread of the virus (according to Dpcm of 22 March 2020 )and extended until next 3 May 2020 (according to the Dpcm of 10 April ....
Categories: Publications
The holiday institute The right to take an annual period of paid leave is a right of constitutional rank according to Article 36 paragraph 3, of the Italian Constitution, which provides that “the worker has right […] to an annual period of paid leave, and he cannot renounce it”. On the other hand, Article 2109 ....
Categories: Publications
The fragmented and often cryptic regulatory framework of reference is creating long delays and operational difficulties in accessing the redundancy fund in derogation. Let us take stock. Law provisions, ministerial decrees, circulars and framework agreements have regulated in a not always consistent way the concrete modalities of access to the redundancy fund in derogation in ....
Categories: Publications
The Court’s ruling 1 on 2 January 2020, stated that the requirements of art. 19 of the Workers’ Statute to establish union representatives, with the rights referred to in section 3, should not be confused with the principles stated in art. 28 of the Statute (unfair labour practice repression). Art. 19 requires signing of national ....
Categories: Publications
In order to comply with the principle of accountability, introduced by the GDPR, it is essential to identify and manage the risk related to processing, in order to assess implementation of adequate internal policies and adoption of measures that meet, in particular, the principles of data protection by design and data protection by default. In ....
Categories: Practice
INPS, with its circular letter no. 45 of 25 March 2020, provided operating instructions regarding the use of parental leave for the COVID-19 emergency and increase of leaves as per the law no. 104 of 5 February 1992 both included in Decree Law no. 18 of 17 March 2020. Reference normative framework The circular letter ....
Categories: Case Law
The Court of Cassation, with the sentence no. 4879 of 24 February 2020 confirmed that the reinstatement protection provided by article 18, paragraph 4 of Law 300/1970 in case of “inexistence of the claimed fact” is also applicable in the case of inexistence of the claim or if the same contains facts different than those ....
Categories: Case Law
The Italian Cassation Court with its sentence 6750 of 10 March 2020, observed that an employer who demoted and left inactive a worker reintegrated following a ruling of unlawful dismissal notified to the same, is required to pay any personal injury sustained. The facts The first instance Judge partially granted the claim submitted by a ....