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

26 September 2017 • Insights

Did you know that… employers can hire a private investigator to make sure that the leaves envisaged in Law no. 104/92 are not improperly used?

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 ....

26 September 2017 • Insights

The expiry of the limitation period of wage claims after the Fornero law

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 ....

28 August 2017 • Insights

Five-year statute of limitations on contributions credit

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 ....

28 August 2017 • Insights

National collective bargaining agreement for Mechanical engineering industry: new minimum salary levels have been defined

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 ....

28 August 2017 • Insights

DID YOU KNOW THAT… on 25 May 2018, the European Data Protection Regulation will become fully operational?

The date of 25 May 2018 is approaching and the European Personal Data Protection Regulation No.679, entered into force on 26 May 2016, will become fully operational. Therefore, all companies, if they have not yet done so, must promptly ensure to implement all the organizational and technical measure necessary to meet the regulation requirements, in ....

28 August 2017 • Insights

Specificity, immediacy and immutability: the three fundamental requirements for disciplinary objection

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 ....

28 August 2017 • Insights

The objective nature of discriminatory dismissal and the subjective nature of retaliatory dismissal

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 ....

28 August 2017 • Insights

The right to higher tasks must be verified from a quality standpoint

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 ....