De Luca & Partners supports its client companies – national and international – in the negotiation and drafting of contracts of employment and self-employed consultants. The specific skills in the field combined with the important experience gained in practice, mean that De Luca & Partners’ professionals assist clients by paying the utmost attention to all the peculiarities that each case may present, preventing with particular care any and all potential claims.
The assistance provided by De Luca & Partners allows its clients to define each type of contract of self-employment and consultant also advising the most suitable solution based on the individual needs of the case in question.
De Luca & Partners also provides assistance in any subsequent problematical phase to the establishment of the relationship, for example during disputes concerning the genuineness of the contracts signed and the subsequent claim – ab origine – of the subordinate nature of the relationship of employment or self-employment.
The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....
Read moreThe Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by Art. 28 of the Workers’ Statute cannot be applied to the riders’ trade unions since they are not employees. Facts of the case In this case, the ....
Read moreThe Court of Bologna, by order of 31 December 2020, upheld the appeal brought by three trade unions confederated to CGIL (Filt, Filcams and Nidl) against the company Deliveroo, describing the access conditions to the digital platform as discriminatory. According to the Court, the work slots booking system penalised those absent from work, without considering ....
Read moreOn 15 September 2020, the ASSODELIVERY and UGL-RIDER trade associations signed the first National Collective Bargaining Agreement governing the work contracts of Bike Delivery Riders, also known as “Riders”. Regardless of any remark as to trade representation issues currently bringing about considerable debate, the agreement, called “National Collective Bargaining Agreement for governing the delivery of ....
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