News & Insights

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8 November 2017 • Insights

The characteristics of the 231 Organisation and Management Models in a recent judgement of the Court of Cassation (Newsletter Norme & Tributi n. 118 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

“The Jobs Act, and the different provisions that it comprises, including those relating to the progressive entitlements introduced in 2015, has reduced further the scope of application of the actual job guarantee and has set out a compensatory system that, at least in the intention of the law-maker, is certain and not discretionary” said Lawyer ....

2 November 2017 • Insights

Privacy Law: the main innovations and the contents of the relevant European Regulation coming into force on 25 May 2018 (Il Giornale di Vicenza – Idea Impresa, 24 October 2017 – Vittorio De Luca, Elena Cannone)

Il 25 maggio 2018 diventerà pienamente operativo il Regolamento europeo 2016/679 in materia...

31 October 2017 • Insights

Industrial Relations Law Across the World. Current legal frameworks and trends (Wolters Kluwer, August 2017)

“Industrial Relations Law across the World” came to be thanks to the work carried out by a dozen of professional experts from various countries, on the occasion of the 40th anniversary of the firm. The volume, published by Wolters Kluwer and coordinated by De Luca & Partners, analyses the current frameworks and trends that are ....

31 October 2017 • Insights

Ancillary criteria for the qualification of a labour relationship as employment

The Court of Cassation, with judgement No. 23846 filed on 11 October 2017, intervened on the qualification of a self-employment relationship as employment. In the specific case, the Court of Cassation stated that subjugation to managerial and disciplinary power cannot be an exclusive criterion to determine whether employment is or is not occurring. This is ....

31 October 2017 • Insights

Disciplinary proceedings: The employer is not obligated to submit corporate documentation.

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....

31 October 2017 • Insights

Change of residence not notified: notification at the old address is valid

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee’s old address of residence is valid if he/she failed to communicate the change of residence within the terms referred in the National Collective Bargaining Agreement (CCNL). In this specific case, the employer, ....

31 October 2017 • Insights

Top manager and substitutive allowance for vacation days

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if having the power of self-assigning the vacation period, does not exercise such power, is entitled only to a substitutive allowance for vacation days for the current year, ....

31 October 2017 • Insights

Dismissal ordered for those who copy confidential corporate data is legitimate

The Court of Cassation, with judgement No. 25147/2017, stated that dismissal of an employee who copies confidential corporate data on a personal pen drive, without the employer authorisation, is legitimate, even if this information is not disclosed to third parties. This is because the violation of contractual duties also occurs when a particular conduct, even ....

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