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

25 July 2017 • Insights

DO YOU KNOW THAT… disciplinary dismissal and dismissal for objective just cause are retroactive?

Pursuant to Art. 1, sub-paragraphs 40 and 41, of Italian Law no. 92/2012 (the so-called Fornero Reform), a dismissal subsequent to a disciplinary procedure under Art. 7 of Law no. 300/1970 or as the result of an obligatory conciliation procedure under Art. 7 of Law no. 604/1966, produces retroactive effects from the day that notice ....

24 July 2017 • Insights

The law regulating the new forms of casual work has been published

Art. 54 bis of Italian Law Decree no. 50/2017, which was introduced during conversion of Law no. 96/2017, regulates casual work. Casual work means work activities provided in accordance with the following economic limits, all relating to the calendar year in which they take place: a) for each casual worker, with reference to the total ....

24 July 2017 • Insights

The draft renewal of the Confapi Engineering Workers Employment Agreement (CCNL Meccanici Confapi) has been signed

On 3 July 2017, the draft renewal of the Collective Bargaining Agreement for SMEs in the engineering industry was signed by Unionemeccanica, Fim, Fiom and Uilm and involves about 300 thousand workers. The draft specifies that (i) the Agreement will last four years and expire on 31 October 2020; (ii) the contractual increases will be ....

24 July 2017 • Insights

Dismissal of an employee for breach of company practice is lawful

The Bologna Employment Tribunal, with its decision no. 734 of 7 July 2017 under Art. 1 of Italian Law no. 92/201, confirmed the order issued during the summary case hearing and declared as lawful the dismissal for just cause of an employee who had been absent from work for a continuous period of 3 weeks, ....

24 July 2017 • Insights

Geolocation: continuous monitoring banned

The Personal Data Protection Authority issued Order no. 247/2017 in response to a request for preliminary verification, lodged by a company working in the field of refuse collection and concerning a system of geolocation installed on vehicles and mobile equipment used by employees. The aim of this system was to ensure a safer, more organised ....

24 July 2017 • Insights

The procedural guarantees referred to in Art. 7 of the Workers’ Charter are also applied to disciplinary dismissal of a senior executive

With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application of the procedure referred to in Art. 7 of Italian Law no. 300/1970. The Supreme Court referred to some recent pronouncements, including Plenary Sitting decisions (Cass. No. ....

24 July 2017 • Insights

Dismissal via Whatsapp is legitimate

The Catania Employment Tribunal, by referring to a precedent from the Florence Tribunal, issued an order stating that dismissal of an employee via Whatsapp is legitimate. In the Court’s opinion, the means used by the employer, nevertheless, satisfied the need of a written format as it was an informative document which the dismissed worker, in ....

24 July 2017 • Insights

Dismissal due to the suppression of a post through a different division of duties is lawful

In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal due to objective just cause, in relation to the suppression of a post, it is not necessary for all the duties previously assigned to the dismissed employee ....