News & Insights

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Insights, News

Illness tricksters (Rai Radio 1 – “Italia Sotto Inchiesta”, 7 October 2016)

On 7 October 2016, Vittorio De Luca guest-starred in "Italy under Investigation", the program presented by Emanuela Falcetti on Rai Radio 1 and he talked about the employer's…

Insights, News

“Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches” (Blog Invest in Lombardy, 30 settembre 2016 – Vittorio De Luca)

The latest edition of the now traditional HR Breakfast by De Luca & Partners was hosted in Milan, at Palazzo Affari ai Giureconsulti, Piazza dei Mercanti, on September…

Insights

Court of Cassation: invalidity of the probation clause leads to the application of legislation on dismissal restrictions

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid,…

Insights

Dismissal notified in case of refusal of registered letter

The Court of Cassation, with judgement No. 17062 dated 11 August 2016 ruled that notification of dismissal issued by registered letter, even if rejected by the recipient, is…

Insights

False certification of attendance: legitimate dismissal imposed by the ASL

The Court of Cassation, with judgement No. 17637 dated 6 September 2016, stated that regardless of the prerequisite of intentionality in the conduct, the dismissal ordered by the…

Insights

Dismissal for just cause: the immediacy of a disciplinary dispute must be automatically verified by a Judge

The Court of Cassation, with judgement No. 17371 filed on 26 August 2016, confirmed the law principle already confirmed with ruling No. 26655 dated 28 November 2013 according…

Insights

Transfer of business even if in the case of sole transfer or personnel – applicability of the double limitation period of appeal upon formal communication

The Court of Busto Arsizio with judgement No. 264 dated 12 July 2016, stated that the law principle according to which a transfer of business pursuant to art.…

Insights

Remote monitoring and safeguards established by the Workers’ Statute and by the Privacy Code

The Court of Cassation, with judgement No. 18302 dated 19 September 2016, stepped in to settle a dispute between the "Istituto Poligrafico e Zecca dello Stato" (State Mint…

Insights

Accessory work and social support provisions: the Jobs Act’s corrective decree was finally approved by the Council of Ministers

The Council of Ministers, in its meeting of 23 September 2016 has approved in its final form, a legislative decree containing, among others, provisions integrating and correcting Legislative…

Insights

The Privacy Authority’s ban on indiscriminate monitoring over the use of the Internet and e-mail by employees

The Privacy Authority, with provision No. 303 dated 13 July 2016 disseminated with the Newsletter No. 419 dated 15 September declared unlawful the processing of data carried out…

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