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

29 September 2017 • News

“The Agency relationship” – Assolombarda, Milan (11 October 2017)

Vittorio De Luca was a speaker at the “The Agency relationship“ conference, organized by Assolombarda on last 11 October to analyse the regulatory and contractual aspects of agency relationships, with particular reference to the AEC Industria (Collective bargaining agreement for the industrial sector).   Click here for all details.

28 September 2017 • Insights

A settlement agreement must provide for specific waivers

With its judgement no. 20976/2017, the Court of Cassation maintained that a provision signed by the parties at the time of the early termination of employment, whereby an employer agrees to pay a gross amount as an adjustment to the employee severance indemnity, in exchange for the employee waiving his/her right to any other disputes ....

28 September 2017 • Insights

Working while on sick leave does not legitimize dismissal at all times

With its judgement no. 21667 of 19 September 2017, the Court of Cassation has maintained that an employee performing a work activity while on sick leave does not legitimize its outright dismissal at all times. In ruling in this sense, the court has made reference to the case law that maintains that the performance of ....

28 September 2017 • Insights

A letter of transfer signed in acceptance thereof is valid

With its judgement no. 609/2017, the Court of Milan, acting as Labour Court, has ruled on the issue of the validity of a letter of transfer signed in acceptance thereof.  In the case at hand, a worker went to court seeking a declaration of invalidity of a transfer enjoined to him because, in his opinion, ....

28 September 2017 • Insights

Disciplinary dismissal and provision thereof in the applicable CCNL (National Collective Bargaining Agreement)

With its judgement no. 21062 of 11 September 2017, the Court of Cassation has delivered an opinion on the issue of just cause for dismissal previously confirmed by the Court of first instance of Campobasso, later overturned by the Court of Appeal, which instead found the dismissal legitimate as the facts in question were proportionate ....

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 ....

26 September 2017 • Insights

Monitoring of company email messages: European parameters

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned Romania because the monitoring by a company of an employee, later dismissed for making a personal use of the company email messaging service, failed to strike a ....

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 ....