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.
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 ....
The Court of Cassation, with judgement No. 14456 dated 9 June 2017, has intervened again on the distinction between discriminatory dismissal and retaliatory dismissal. The Court, intervening on the matter detailed in judgement No. 6575 dated 5 April 2016 issued by the Court itself, clarified that discriminatory dismissal is objective since it is based on ....
The Court of Cassation, with judgement No. 19725 dated 8 August 2017, confirmed the principle according to which in the presence of mixed tasks, the analysis aimed at verifying if the employee has the right to achieve higher qualification respect to the one assigned must be performed not on the basis of a simple quantitative ....
The Court of Cassation, with judgement No. 19655 dated 10 August 2017, has confirmed the choice of an employer to dismiss one of its employees in order to increase management efficiency and business profit, even if lacking a [financial] crisis situation. In the case in hand, the employer decided to remove a department when a ....
On 14 August 2017, the “Annual law on market and competition” (Italian law No. 124) has been published on the Official Gazette and it will become effective on 29 August. There are many novelty aspects to the new law, approved after two years of preparation. Concerning the supplementary social security, the law on competition introduced ....
The Court of Cassation, with judgement No. 20130 dated 17 August 2017, has once again voiced its opinion on the proportionality of the disciplinary sanction against an employee with respect to the employee’s improper conduct pursuant to art. 2106 of the Italian Civil Code. In the case in hand, the dismissal impacted a member of ....
The Court of Lodi, with judgement No. 99 filed on 6 July 2017, verified that the statute of limitations applied to a credit on a tax payment notice. Specifically, a company that had filed a written appeal registered in February 2017 and duly notified to INAIL, went to Court so as it could declare the ....
On 6 June 2017, as a follow up of what had been established in the Renewal Agreement dated 26 November 2016, Federmeccanica, Assistal, Fim, Fiom and Uilm, have adjusted the minimum contractual salary levels by [job position] level on the basis of the actual inflation rate. And not only that. In the agreement, also the ....
