Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

With the new article 4 of Law 300/1970, rewritten by the Jobs Act, the obligation to adequately inform workers on the procedures for using equipment from which remote control of work activities and work instruments may occur as well as the procedures for performing controls becomes the requirement for being able to use information collected ....

Categories: Legislation

Pursuant to article 2 of Legislative Decree 81/2015 enacted 25 June 2015, as of 1 January 2016, collaborations which are organised by others, with the exception of certain exclusions, shall be considered regular employment. Starting on the same date, article 54 of Legislative Decree 81/2015 offers customers/employers the possibility of stabilising workers who are already ....

Categories: Case Law

With its ruling the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to independent contractors to be correct. This is due to the general scope of the principle it is based on, according to which the immediate withdrawal from the ....

Categories: Case Law

With its ruling no. 23609 of 18 November 2015, the Court of Cassation returned to the subject of the selection criteria followed by the employer at the outcome of the personnel layoff procedure. Specifically, the Court reiterated that the employer, when he defines the selection criteria as per article 5 of Law 223/1991 in the ....

Categories: Case Law

With its ruling no. 22627 of 5 November 2015, the Cassation Court confirmed the lower court decision, declaring that, following the introduction of the Collegato Lavoro (Law 183/2010), the statute of limitations and ineffectiveness of the challenge of a dismissal as per article 6 of Law 604/1996 also applies to managers. Basically a manager, like ....