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.
The Court of Cassation, with judgement No. 1499 dated 21 January 2019, confirmed the principle of law according to which, concerning dismissal due to justified objective grounds, it must be deemed proven that an attempt has been made to repêchage by the employer who, as an alternative to dismissal, offered to the redundant employees the ....
On 12 August 2018, the conversion law No. 96/2018 of Decree Law No. 87/2018 (the so-called Dignity Decree) came into force, which, among other things, reintroduced the crime of fraudulent staff-leasing with Article 38 bis of Legislative Decree No. 81/2015. Said offence – already provided for by the Biagi Law No. 276/2003 and then abrogated ....
The allocation of the burden of proof in appeals against verbal dismissal is once again in the spotlight. In fact, in judgment 3822 of 8 February 2019, the Court of Cassation reiterated, thus confirming its stance on the matter, that the burden is always on the employee to provide evidence (not always straightforward) of a ....
In judgment No. 436/2019 filed on 10 January 2019 the Court of Cassation confirmed that, based on the constitutional principle of freedom of private economic initiative (art. 41 of the Constitution), an entrepreneurial decision to eliminate a job position cannot be challenged. The Court passed the judgment in a case concerning a director of human ....
Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/01 is currently being examined by the Justice Committee of the Italian Senate. In particular, the DL provides that certain categories of organisation must have an organisation and management model (OMM231), and appoint a supervisory body (SB). This includes corporations ....
The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian]. In the wake of Order no. 7016, issued by the Court of Bari on 11 October 2018, which applied the Constitutional Court’s ruling even before the grounds ....
Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/2001 (the “Decree”) governing administrative liability for legal persons, companies and associations, including those not recognized as a legal entity (“Entities” or individually the “Entity”), is currently being examined by the Justice Commission of the Italian Senate. The administrative ....
Since 1 January 2017 companies in the metalworking and mechanical engineering sector have been required, every three years, to provide workers employed under permanent contracts with continuing professional development courses of a duration of 24 hours per participant, within their working hours and according to the procedures identified by Fondimpresa [Italian Inter-Professional Fund for Continuing ....
