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

27 February 2018 • Insights

Remote control of workers: additional operating provisions from the Labour Inspectorate

In Circular Letter no. 5 of 19 February 2018, the National Labour Inspectorate provided further operating provisions on the “new” Article 4, Workers’ Statute. In particular, the Inspectorate specified that, due to actual reasons of control, a video surveillance system may also monitor the workers without any limitations as to the camera angle, the blacking ....

16 February 2018 • Insights

The host company is liable for accidents suffered by seconded workers (Guida al Lavoro de Il Sole 24 Ore, 16 February 2018 – Elena Cannone, Antonella Iacobellis)

With judgement of the Court of Cassation No. 1574 dated January 23 2018, the liability according to article 2049 of the Civil Code regarding accidents in the workplace has been confirmed to fall on the transferee company with consequent reimbursement of damages, given that it is the entity that undertook direction and control of the ....

6 February 2018 • Insights

Whistleblowing at the start line

On 29 December 2017 the so-called Whistleblowing law has entered into force and it has been published on the Official Gazette No. 179 dated 14 December 2017 after having been approved on 30 November. The law, which comprises only three articles, has the specific goal of introducing protection measures in our legislation, for employees (public ....

1 February 2018 • News

“Individual and collective dismissals” – Convenia, Milan (20-21 February 2018)

Alberto De Luca will participate to the convention “Individual and collective dismissals” to discuss in more details the consensual resolution and resignation.   Click here for all details.    

29 January 2018 • Insights

DO YOU KNOW THAT… the Ministry of Labour has made available an app designed for resignations and consensual termination of the employment relationship?

The Ministry of Labour and Social Policies made available a “Voluntary Resignation“ app for resignations and consensual termination of the employment relationship. To access it, the concerned party must be a holder of the SPID, the Digital Identity Public System introduced on the Ministry’s service platform since last 19 May 2017. Authorized parties can use ....

29 January 2018 • Insights

Dismissal ordered by e-mail is lawful

The Court of Cassation, with judgement No. 29753/2017, ruled on the lawfulness of a dismissal issued by e-mail. In particular, the Court, through a literal interpretation of the provision referred to in Law 604/66, wished to clarify that “the requirement of written notice of dismissal must be deemed fulfilled, in the absence of specific procedures, ....

29 January 2018 • Insights

Indemnification only if the reason for dismissal is lacking

The Court of Cassation, with judgement No. 331 published on 10 January 2018, ruled once again on the penalties related to a dismissal for just cause deemed unlawful. In the specific case, an employee had been dismissed due to a change of corporate organisation triggered by a prefectural disqualification order due to alleged mafia infiltrations. ....

29 January 2018 • Insights

Unlawful dismissal due to a brawl outside the company’s premises

The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....