Comments and tools from De Luca & Partners’ experience
Categories: Publications
The Court of Cassation, with ruling no. 2862 filed on 6/2/2020, declared that a single member of the Rappresentanza Sindacale Unitaria (RSU) calling the union meeting is a right by law. According to this court, the 2014 National Multi-Industry Agreement (Representation Consolidating Act) sanctions this right as inviolable. This right is a prerogative to assign ....
Categories: Publications
On March 17, 2020, the Italian Government has issued Law Decree no. 18\2020 (the “Decree”) concerning “measures to strengthen the national health service and provide economic support for families, workers and businesses related to the epidemiological emergency by COVID-19”. The Decree has extended to the entire national territory some extraordinary provisions concerning social security benefits, ....
Categories: Publications
The Italian Supreme Court has stated that the rules on employment apply to so-called riders. The issue of riders is affecting the courts at all latitudes of the world. In this regard, a decision has just been issued by the Superior Court of Madrid, which ruled that Spanish riders must be considered employees and therefore ....
Categories: Publications
The Court of Cassation, in its judgment no. 21537/2019, declared the unilateral termination of the applied NCBA by the employer before its natural expiry date unlawful, even if accompanied by adequate notice. This power lies solely with the signatories of the NCBA, i.e. the trade unions and employers’ associations. According to the Court of Cassation, ....
Categories: Publications
With Decision No. 17 of 23 January 2020 and in imposing a sanction on an Italian University for not having properly protected the confidentiality of the identification data of two persons – the whistleblowers –, who had reported possible unlawful behaviours, the Italian Data Protection Authority has laid stress on the fact that an obligation ....
Categories: Publications
With order 1888 dated 28 January 2020, the Court of Cassation has ruled on a case of dismissal for unlawful justified objective grounds with the consequent reinstatement in the job based on article 18 of Law No. 300/1970 (in the text prior to the amendment brought about with Law No. 92/2012). By expressing a general ....
Categories: Publications
The quick technological progress and the rising of new business models are structurally changing the practice of industrial relations in the whole globe. New rules are taking shape in the different jurisdictions to face the new scenarios and the new challenges effectively. The volume “INDUSTRIAL RELATIONS LAW ACROSS THE WORLD – Current legal frameworks and ....
Categories: Publications
On 19.09.19 Inps, National Labour Inspectorate (Inl), Confindustria, Cgil, Cisl and Uil signed a Convention. It aims to measure and certify how representative trade unions are and substantiate the number of valid Collective Bargaining Agreements thus fighting pirate contracts. The Convention implements the Single Text on representation signed by the social partners on 10.01.14. It ....