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 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 ....

9 January 2018 • Insights

Dismissal of an employee who carries out other activities while on leave referred to in Law no. 104 is lawful

The Court of Cassation, with its judgement No. 29613 dated 11 December 2017, declared lawful the dismissal for just cause ordered to an employee who carried out another activity during his absence from work, in addition to an injury, to assist a family member with disability pursuant to article 33 of Law 104/1992. In particular, ....

9 January 2018 • Insights

Budget law 2018: new developments on labour and social security

The Budget Law 2018 was published in the Official Gazette No. 302 dated 29 December 2017, which was approved by the Senate last 23 December and on which the Government placed its trust. The main news in the field of employment and social security include: (i) a 50% social security contribution allowance for a maximum ....

9 January 2018 • Insights

No training and administrative liability of the organization

With its judgement No. 53285 dated 23 November 2017, the Court of Cassation confirmed some fundamental principles regarding administrative liability pursuant to Legislative Decree 231/2001 and safety in the workplace. In particular, according to the Court of Cassation, the pre-requisites for the administrative liability for advantages or in the interest of the entity (i) must ....

9 January 2018 • Insights

As of 1 January 2018, the new requirements will be in force on mandatory hiring

In 2018, employers meeting specific prerequisites will have to meet the requirements of the new laws on mandatory hiring. The provisions of Legislative Decree No. 151/2015 come into force on 1 January 2018 – the effective date of which was originally planned for 2017 and subsequently postponed until 2018 due to the effect of the ....

9 January 2018 • Insights

Dismissal for just cause of an employee who copies company data even if they are not password-protected is lawful

The Court of Cassation, in its judgement No. 25147 dated 24 October 2017, deemed lawful the dismissal for just cause ordered to an employee who downloaded company data (not password-protected) on a personal pen driver, without disclosing them to third parties. According to the Court, indeed the fact that the employee had not disclosed the ....

9 January 2018 • Insights

Contributions due to the transaction if connected to the employment relationship

The Court of Cassation, with judgement No. 27933 dated 23 November 2017, returned to issue its ruling on the issue concerning the taxation applicability of the amounts paid by the employer as part of a settlement agreement signed with the employee within the employment relationship. In particular, according to the Court of Cassation, in order ....

9 January 2018 • Insights

Clarifications from the Data Protection Authority on the Protection of Personal Data

The Data Protection Authority, on 15 December 2017, published on its official website a series of clarifications regarding the appointment and duties of the Data Protection Officer (“DPO”). More specifically, the Data Protection Officer must have specific skills, preferably, whenever appointed internally, be a Manager or a high ranking professional to be appointed with a ....