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: Publications
It would be improper to say that, at least until the Covid-19 emergency period is over, the employer is free to decide whether or not to adopt an agile working mode for his employees. This can be seen from the DCPM of 11 March, which provides for maximum use by companies of agile working arrangements ....
Categories: Publications
Among the measures that have come one after another in these weeks, this is the right time to make some remarks in light of the novelties introduced with Italian Legislative Decree no. 18/2020 “Cura Italia”, effective as of 17 March 2020. First of all, it should be noted that in terms of social safety nets, ....
Categories: Publications
With the DCPM of March 22, 2020 (“Decree”), the Government sanctioned, on the entire national territory, the “suspension of industrial or commercial production activities”, unless they are organized by means of distance or agile work. The companies concerned may complete the activities necessary for the suspension by March 25th , including the shipment of goods ....