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

The unilateral verbal withdrawal from a collective agreement is legitimate

In Judgment no. 2600 of 2 February 2018, the Court of Cassation reiterated that if the signatory parties to a second-level collective agreement have not expressly provided for the need to serve written notices for termination purposes, the employer’s verbal withdrawal can be considered valid. The case at hand concerned a collective agreement – which ....

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 ....

27 February 2018 • Insights

The burden of proving the achievement of the objectives to receive payment of the related bonus rests on the employee

In Judgment no. 1712/2017, the Milan Court of Appeal has dealt with the issue of the omission by the employer of the annual objectives linked to the payment of a bonus. In this case, in the Court’s opinion, the employee claiming payment of the bonus is encumbered with the burden of “… producing and proving ....

27 February 2018 • Insights

DO YOU KNOW THAT… the first dismissal bonus increase is due for payment on next March 16th?

In regard to collective dismissals occurred in the “January 2018” pay period, the employers are subject to payment, by next March 16th, of the “first” dismissal bonus increase. Given that the NASPI (Social Insurance for Employment) monthly limit in 2018 is equal to Euro 1,208.15 for each twelve months of employment seniority, the contribution to ....

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

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, ....