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

29 January 2018 • Insights

Refusal of service is justified only in the case of serious default by the employer

 The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to the conclusions reached by the judge of first instance, had confirmed the unlawfulness of the dismissal ordered to an employee, who, by refusing to perform demoting tasks, ....

29 January 2018 • Insights

Punitive consequences for late claims

The Court of Cassation in its Plenary Sitting, with judgement No. 30985/2017 resolved a conflict of case-law regarding the penalty in the case of disciplinary dismissal affected by a late claim of unlawfulness. The controversy from which the judgement of the Plenary Sitting emerged, arose from an appeal filed at the court by an employee ....

29 January 2018 • Insights

Change in working hours: no anti-union behaviour in case of implementing an agreement already reached between management and labour

The Court of Cassation, with judgement No. 88 dated 4 January 2018, ruled that an employer’s decision to change working hours without consulting the trade union delegation but merely providing a notification cannot be deemed anti-union conduct if the employer implemented an agreement already reached between management and labour. In this case, Poste Italiane S.p.A. ....

29 January 2018 • Insights

Data processing performed in violation of the privacy code and article 4 of the Workers’ Charter is unlawful

The Data Protection Authority in charge of the protection of personal data, with order No. 479 dated 16 November 2017, deemed unlawful – and prohibited it – the processing of personal data of employees carried out by Poste Italiane S.p.A. through a system used for the management of the waiting times at the counter. In ....

29 January 2018 • Insights

An intern may be posted at another employer’s location

The National Labour Inspectorate, with memorandum No. 290 dated 12 January 2018, published its opinion on the compatibility of training in an internship agreement with posting pursuant to article 30 of the Legislative Decree No. 276/2003. On this matter, the Labour Inspectorate does not see reasons against the possibility of making use of posting in ....

17 January 2018 • Insights
11 January 2018 • News

Webinar “Productivity and the Welfare” – Master on-line Il Sole24 Ore, 1° edition Smart Working & Lavoro 4.0 (11 January 2018)

On the topic of employee remuneration, two main trends have been taking shape in the past few years: on the one hand, the progressing movement of employee remunerations from the “fixed” side to the “variable” one, with the positive consequence of an increase in productivity; on the other hand, the attempt to overcome – at ....

9 January 2018 • Insights

Dismissal justified by objective reasons: redistribution of tasks and increase in profits

The Court of Cassation, with its judgement No. 29238 dated 6 December 2017, ruled once again on the legitimacy of dismissal due to removal of the job position occurred as a result of a reorganisation aimed at increasing the efficiency and profitability of the company. First of all, the Court of Cassation upheld in its ....