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. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the recipient (ed. in this specific case a manager) who made himself unavailable to receive a copy”. On the matter, the Court, recalling a few previous applicable cases, ....
The Court of Appeals of Milan, with judgement No. 131/2017, in confirming the first-degree ruling, stated that in collective dismissals the employer does not have any repêchage obligations. This because the latter is an element that applies to dismissals for justified objective reasons for which the employer has the obligation to prove of having assessed ....
The Court of Cassation, with judgement No. 25649 dated 27 October 2017, ruled as unlawful, persecutory and abusive, the dismissal ordered to an employee “for organisational reasons”, due to the decision to subcontract out the IT system that the employee was in charge of handling. The employee, in bringing to court the dismissal, proved that ....
The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of the company using offending words in several messages sent through his corporate email account. In the specific case, the employee, in bringing to Court the employer’s dismissal, ....
The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent ....
The House Assembly, on 15 November 2017, approved a bill that includes rules for the protection of employees or contractors who disclose illegal actions of which they become aware during the work relationship (the so-called whistleblowing). In the specific case, the whistleblowing employee cannot be punished, dismissed, demoted or subjected to any other retaliatory or ....
Effective from 15 November 2017 employers that signed individual smart working agreements must comply with the mandatory notifications. In fact, art. 23 of the Law 81/2017 expressly establishes that the agreement on smart work be subjected to the “notifications detailed in article 9-bis of the Law Decree No. 510 dated 1 October 1996, converted, with ....
The Jobs Act, with the measures it is composed of, including the one related to increased protection based on seniority of 2015 has further reduced the application field of real job protection and has included a compensation system which, at least in the intentions of the law, is certain and not discretionary”, confirmed Vittorio De ....
