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.
With its judgement no. 20976/2017, the Court of Cassation maintained that a provision signed by the parties at the time of the early termination of employment, whereby an employer agrees to pay a gross amount as an adjustment to the employee severance indemnity, in exchange for the employee waiving his/her right to any other disputes ....
With its judgement no. 21062 of 11 September 2017, the Court of Cassation has delivered an opinion on the issue of just cause for dismissal previously confirmed by the Court of first instance of Campobasso, later overturned by the Court of Appeal, which instead found the dismissal legitimate as the facts in question were proportionate ....
The case law is united in believing that employers have the right to hire a private investigator to make sure that the leaves referred to in Law no. 104/92 are not improperly used by the employees. In fact, these leaves cannot be used to meet personal needs (such as dance nights or vacations), since this ....
With its judgement no. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced by Law no. 92/2012 (so-called Fornero Law) to Article 18, Workers’ Charter. In particular, the judgement at hand reiterated that following the entry into force of the ....
With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation of the right to take precedence of workers hired under a temporary contract. In particular, the requesting organization asked whether the following constitutes infringement of the right ....
The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned Romania because the monitoring by a company of an employee, later dismissed for making a personal use of the company email messaging service, failed to strike a ....
The Data Protection Regulation 2016/679, which will become fully effective on 25 May 2018, has introduced among others the figure of Data Protection Officer (DPO). In consideration of the first requests for clarifications on their appointment, the Data Protection Authority, in its Newsletter no. 432 of 15 September 2017, has provided specific indications. In particular, ....
The Court of Cassation, with judgement No. 19103 dated 1 August 2017, confirmed the unlawfulness of disciplinary dismissal ordered to an employee responsible for having provided confidential information about the company for which she worked, also expressing libellous opinions on it and its employees, to a former colleague then hired by a competitor company. The ....
