Publications

The articles written by Vittorio De Luca and Antonella Iacobellis lingers over two aspects regarding to the out-of-court appeal. If the out-of-court appeal as an attachment transmitted via certified e-mail, not digitally signed by the worker and / or the defender, has the value of an act that interrupts the terms of forfeiture pursuant to ....

Since the beginning of February 2020, the Italian public authorities have issued several emergency provisions to contain the risk of contagion and mitigate the economic and social effects of the pandemic ensuring financial support to families, businesses and workers. Furthermore, as consequence of the ongoing emergency the Italian Government continues to postpone the effectiveness of ....

With its judgement 254 of 26 November 2020, the Constitutional Court confirmed its loyal collaboration with the Court of Justice of the European Union and declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the Jobs Act provisions related to collective dismissals which violated the selection criteria. The reasoning for ....

The Court of Cassation no. 24208 – 02/11/2020 focused again on the value of the statements made during the inspection for the judge called to assess the existence of the employer’s obligation to pay contributions, especially if the latter has not fulfilled the burden of proof. The Supreme Court held that “The principle of self-sufficiency ....

The discipline of fixed-term employment relationships has undergone important amendments by the emergency legislation which has been the subject, and still is, of a wide debate by doctrine who did not spare themselves in identifying the countless critical profiles and contradictory. The contribution of the Vittorio De Luca and Antonella Iacobellis first offers an high-level ....

The current emergency due to the spread of Covid-19 led the Italian Government to ban dismissals for objective justified reason and suspend layoff proceedings. Initially introduced with the Cure Italy Decree, it was later extended with additional Government conditions. The most recent, art. 12, par. 11, of Decree Law 137/2020 (“Ristori Decree”) extended it until ....

An employment emergency measure package added to Italian Decree Law 137/2020 approved by the Council of Ministers on 28 October 2020, includes a brief extension of the emergency wages guarantee fund (both ordinary and derogatory) and wage integration fund (FIS) equal to six weeks that can be used from 16 November 2020 until 31 January ....

The Spanish Council of Ministers has approved a Royal Decree on remote working “Real Decreto-Ley 28/2020.” These are a set of provisions aimed at balancing employee and employer needs. It was published in the Boe – the equivalent of the Italian Official Gazette, on 23 September 2020. There are eight points of interest within the ....