News & Insights

Research, training and international collaborations

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.

ALL NEWS AND INSIGHTS

9 January 2019 • Insights

Carrying out different tasks during the probation period: in the case of withdrawal, the reintegration protection does not apply

The Labour Division of the Supreme Court of Cassation, with ruling no. 31159 published on 3 December 2018, stated that when carrying out different tasks from those established in the probation period, dismissal of the employee due to failure to successfully pass the probation period, whenever unlawful, does not lead to the reintegration but to ....

9 January 2019 • Insights

Whistle-blowing: upcoming Directive

Following the resolution of the EU Parliament dated 24 October 2017, aimed at adopting a Directive on whistleblowing, the Committee, on 23 April 2018, formulated a text proposal, which was approved by the Committee on Legal Affairs of the European Parliament on 20 November 2018. Upon approval, the Directive would provide Member States time until ....

9 January 2019 • Insights

DO YOU KNOW THAT… The 2019 Finance Decree and Budget Law have been published on the Official Gazette?

By laws no. 136 of December 17th, 2018 (so called “Fiscal Decree”) and no. 145 of December 30th, 2018 (so called “2019 Budget Law”), several news in the field of labour and social security law have been introduced.   The main changes in the two laws mentioned above are as follows: the tax credit for ....

28 December 2018 • Insights

Previous disciplinary measures provide back-up support to dismissal for cause even without contesting the repeated offences (Il Quotidiano del Lavoro de Il Sole 24 Ore, 28 December 2018 – Alberto De Luca, Petra D’Andrea)

A worker was dismissed also on the basis of previous disciplinary offences. Nevertheless, the previous examples were not included in the employer’s disciplinary notice with a view to substantiating the existence of repeated misconduct, but were merely referred to in the notice of dismissal to provide support regarding the harm caused to their relationship of ....

17 December 2018 • Insights

Poor performance due to repeated sick leaves does not legitimize dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 17 December 2018 – Alberto De Luca, Petra D’Andrea)

Using a peculiar argument, the Court of Cassation, with judgment no. 31763 of 7 December 2018 ruled on the possibility to consider the inconvenience caused by continuous and repeated sick leaves as grounds for dismissal for a justified objective reason. The case at hand revolves around the dismissal served on an employee who had been ....

11 December 2018 • Insights

231 Organisation and Management Model Update (Newsletter Norme & Tributi n. 128 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific offences (predicate offences) are committed – to its own advantage or in its interest – by top managers or their subordinates. However, the Decree includes an exonerating ....

11 December 2018 • Insights

Threats in the workplace constitute just cause for dismissal (Quotidiano del Lavoro, Il Sole 24 Ore, 11 December 2018 – Alberto De Luca, Luciano Vella)

A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for just cause. This is the principle of law confirmed on 3 December in the Court of Cassation judgement No. 31155/2018. The case analysed arose from the disciplinary ....

3 December 2018 • Insights

A dismissal due to elapsing of the grace period must be prompt (Il Quotidiano del Lavoro de Il Sole 24 Ore, 3 December 2018 – Alberto De Luca, Luciano Vella)

Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....