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 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 ....
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 ....
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 ....
The Labour Division of the Supreme Court of Cassation, with ruling no. 29377 dated 14 November 2018, deemed lawful, within the context of a collective dismissal – because of its objective nature – the criterion of choice represented by meeting the requirements to access the pension. The Facts An employee brought his case ....
On 21 December 2018, the National Association for Labour Agencies (Assolavoro) and the industry unions (Felsa, CISL, Nidil, CIGL, UIL Temp) signed a draft for the renewal of the national collective bargaining agreement for the Staff Leasing Agencies Sector (the “Draft”) Let’s review some of the main new developments. Provisions to favour the occupational continuity ....
On 16 November 2018, the European Data Protection Board (“EDPB”) – the EU body that replaced the previous so-called WP29, in charge of the consistent application of the Regulation 2016/679/EU (“GDPR” or “Regulation”) and consisting of the person in charge of each data protection authority and the European Data Protection Authority – adopted a new ....
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 ....
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 ....
