Insights

Comments and tools from De Luca & Partners’ experience

Categories: Do you know that

The case law is united in believing that employers have the right to hire a private investigator to make sure that the leaves referred to in Law no. 104/92 are not improperly used by the employees. In fact, these leaves cannot be used to meet personal needs (such as dance nights or vacations), since this ....

Categories: Practice

With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation of the right to take precedence of workers hired under a temporary contract. In particular, the requesting organization asked whether the following constitutes infringement of the right ....

Categories: Practice

The Data Protection Regulation 2016/679, which will become fully effective on 25 May 2018, has introduced among others the figure of Data Protection Officer (DPO). In consideration of the first requests for clarifications on their appointment, the Data Protection Authority, in its Newsletter no. 432 of 15 September 2017, has provided specific indications. In particular, ....

Categories: Case Law

The Court of Cassation, with judgement No. 19655 dated 10 August 2017, has confirmed the choice of an employer to dismiss one of its employees in order to increase management efficiency and business profit, even if lacking a [financial] crisis situation. In the case in hand, the employer decided to remove a department when a ....

Categories: Case Law

The Court of Cassation, with judgement No. 20130 dated 17 August 2017, has once again voiced its opinion on the proportionality of the disciplinary sanction against an employee with respect to the employee’s improper conduct pursuant to art. 2106 of the Italian Civil Code. In the case in hand, the dismissal impacted a member of ....