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.
With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation of the right to take precedence of workers hired under a temporary contract. In particular, the requesting organization asked whether the following constitutes infringement of the right ....
The Data Protection Regulation 2016/679, which will become fully effective on 25 May 2018, has introduced among others the figure of Data Protection Officer (DPO). In consideration of the first requests for clarifications on their appointment, the Data Protection Authority, in its Newsletter no. 432 of 15 September 2017, has provided specific indications. In particular, ....
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 ....
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 ....
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 ....
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 ....
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 ....
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 ....
