News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

30 January 2017 • Insights

Mandatory repêchage in affiliated companies: the burden of proof must be borne by the employer

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an employee was dismissed for justified objective grounds by a subsidiary company whose 80% was owned by another one, without offering any repêchage possibility. Against the dismissal, the ....

30 January 2017 • Insights

Did you know that to an employee subject to growing protections in case of dismissal it is possible to submit a settlement offer?

An employer who dismisses an employee enjoying increasing protections can make a settlement offer at the time of the administrative proceedings or when dealings with trade unions and authorities within 60 days from dismissal, for the sole purpose of avoiding lawsuits. The settlement offer would be in the amount of one month’s salary as per ....

30 January 2017 • Insights

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by primarily stating that the calculation must not consider the afternoons during which the worker is subjected to specific medical treatment, when the worker, on a part time ....

30 January 2017 • Insights

Article 18 of the Workers’ Statute, ancillary work and contracts: the decision of the Constitutional Court

On 11 January the Constitutional Court declared its opinion on the admissibility of the three referendums proposed by CGIL, related to (i) Article 18 of the Workers’ Statute and the reintegration into the workplace of a worker in the event of unlawful dismissal, (ii) the cancellation of vouchers and iii) the re-establishment, in the matter ....

30 January 2017 • Insights

Legislative Decree 253/2016 and the conditions of entry and stay of foreign workers in Italy, as part of intra-corporate transfers

Legislative Decree No. 253/2016 which regulates the conditions of entry and stay in Italy of foreign employees as part of intra-corporate transfers was published in the Official Gazette of 10 January 2017. The aforementioned decree, in force since 11 January, contains the provisions necessary for the transposition of Directive 2014/66/EU dated 15 May 2014, the ....

30 January 2017 • Insights

National Labour Inspectorate: the circular on the secondment of workers in the EU

With circular No. 1/2017, the National Labour Inspectorate provided clarifications to the inspectors on the “transnational secondment of workers in the framework of the provision of services“. The attention of the Inspectorate focused on the implementation of Legislative Decree 136/2016, which in addition to regulating the typical cases of cross-border secondment, extends, among others, its ....

20 January 2017 • News

Round table “Reshoring opportunities for the manufacturing sector in Lombardy” – Invest in Lombardy days, Milano (7 febbraio 2017)

Vittorio De Luca  will participate in the round table “Reshoring opportunities for the manufacturing sector in Lombardy”, which will be held on 7 February at the headquarters of the Lombardy Regional Authorities during the 5th edition of “Invest in Lombardy days”.