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. 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 ....
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 ....
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 ....
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, ....
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 ....
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. ....
