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

28 September 2018 • Insights

A guide to Corporate Immigration in 30 countries in the world

The 2018 online edition of the “International Comparative Legal Guide to Corporate Immigration”, published by the Global Legal Group in partnership with the American Immigration Lawyers Association is now available. The publication includes the latest updates in the matter of corporate immigration in 30 countries of the world, and it is a helpful guide for ....

26 September 2018 • Insights

Termination of the probation period: cases of lawfulness

With its judgement No. 273 filed on 21 September 2018, the Brescia Court of Appeal has ruled on a few aspects of the probation period. In the case at hand, a woman worker had filed a petition to the court of first instance seeking annulment of the dismissal enforced for failure to pass the probation ....

25 September 2018 • Insights

The right to criticize and libel

With its recent judgement no. 21965 dated 10 September 2018, the Court of Cassation once again ruled on the well-known controversial issue of the boundaries between the right to criticize and insubordination, upholding the decision of the trial court. The judgement at hand found the dismissal imposed on an employee, who had uttered words deemed ....

25 September 2018 • Insights

Ascertainment of breaches of discipline by private detectives

The Court of Cassation – with judgment no. 21621 filed on 4 September 2018, has ruled that a disciplinary dismissal for circumstances established by a private detective is not lawful if such dismissal is based on facts occurred within the context of the performance of the job duties and connected to the latter. In the ....

25 September 2018 • Insights

Correctness and good faith: the criteria to draw a distinction in the event of dismissal for cancellation of the job position

The Court of Cassation, with judgement no. 21438 dated 30 August 2018, ruled again on the subject matter of dismissal for cancellation of the job position. More specifically, a worker – among other things – had filed an opposition against the dismissal imposed on him, seeking annulment thereof, as he considered it retaliatory, and consequently, ....

25 September 2018 • Insights

Consequences of dismissal after expiry of the term set out in the Collective Bargaining Agreement. Reinstatement

With its judgement no. 21569 dated 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in the Collective Bargaining Agreement. The ruling originated from the appeal brought by a worker against the dismissal enforced after expiry of the terms set out in the ....

25 September 2018 • Insights

Dismissal for exceeding the sickness period

With its judgement no. 20761/18, the Court of Cassation, Labour Division, returned to rule on dismissal for exceeding the sickness period, confirming its opinion on the potential formal faults that may affect its validity. The ruling originated from the appeal brought by a worker against his dismissal for exceeding the sickness period, whose lawfulness had ....

25 September 2018 • Insights

DO YOU KNOW THAT…The extraordinary wages guarantee fund for discontinuation of business has been reinstated?

The Ministry of Labour, with press release no. 19 of 17 September 2018, informed all those concerned that the Council of Ministers approved (specifically, on 13 September 2018) a decree enacting measures concerning some of the most urgent matters for the country, including the reinstatement of the extraordinary wages guarantee fund for discontinuation of business ....