News

All the latest news on events, interviews and press reviews dedicated to labour law

Categories: Events | Tag: smart working, Covid-19

Elena Cannone (Senior Associate and Compliance Focus Team Leader – De Luca & Partners) and Andrea Di Nino (Employment Consultant – HR Capital) will participate as guest speakers in “HR: TIME TO CHANGE” organised by the Italian-Germanic Chamber of Commerce next 27 May. LOCATION AND TIMETABLE Thursday 27 May 2021 Videoconference event (from 4 to ....

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Licenziamento per giustificato motivo oggettivo

Categories: Publications | Tag: Dismissal, Dismissal for just cause

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....

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Categories: Publications | Tag: unfiled documents

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4 and 5 and article 420, paragraph 1 of the Code of Civil Procedure, in relation to article 360, paragraph 1, number 3 of the same Code, regarding ....

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Categories: Interviews | Tag: GDPR, vaccinations in the workplace, company plans

“The new national protocol for the creation of company plans aimed at activation of extraordinary SARS-COV-2/ Covid-19 vaccination points in workplaces proposes new challenges but also new responsibilities for employers that take part in the project”. The attorney Vittorio De Luca, managing partner of Studio Legale De Luca & Partners specialised in Labour Law and ....

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Categories: Publications | Tag: Unions representing staff

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video message was circulated by its Chairman of the Board of Directors, which invited staff to join a trade union and enter into a collective industry agreement.The fact ....

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Categories: Publications | Tag: unlawful dismissal, Jobs Act

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts. At the time, this measure was considered revolutionary for the principles governing the existing protections. It intended to regulate the consequences of unlawful dismissal automatically and based ....

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Categories: Publications | Tag: Remuneration, Non-competition agreement

Non-competition agreement – Agreement nullity – Remuneration – agreement onerousness – Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no.  5540 “Concerning the non-competition agreement entered into with an employee, the mere provision that the agreement is onerous excludes the extreme sanction of the agreement’s nullity may be applied if there is a financial imbalance ....

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Categories: Interviews

Vittorio De Luca during the #Ripartitalia special on MF today, analyses the salient points of Law 81 of 2017, which for many aspects has proven to keep up with the times and withstood the test of the changes caused by the pandemic crisis. However, various limits need to be taken into consideration for a reform. The ....

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