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

27 June 2017 • Insights

Co.co.co. (contract for continuative and coordinated services): Clarification of Law No. 81/2017

Article 15, paragraph 1, letter a) of the Law No. 81 dated 22 May 2017(the so-called Jobs Act of Self-Employed Individuals), published in the Official Gazette on 13 June 2017 and entered into force on 14 June, in discussing the contract for continuative and coordinated services, introduced, leaving unchanged what was established in Legislative Decree ....

27 June 2017 • Insights

C.C.N.L. (national collective bargaining agreement) Renewal Goldsmithing/Silversmithing: flexible benefits and other important news

On 20 June 2017, the C.C.N.L. for the goldsmithing, silversmithing and jewellery sectors was signed. The C.C.N.L. that will be valid until 30 June 2020, introduces several new elements. First of all, the contractual minimums have been increased effective from June 2017 and for subsequent years they will be adjusted on the basis of the ....

27 June 2017 • Insights

Company know-how prevails over the employee’s right of defence

The Court of Cassation, with judgement No. 12804 dated 22 May 2017, stated that a disciplinary measure can be applied to any employee who photocopies material representing company know-how, even if such activity is carried out to protect the employee’s right in a legal proceeding. In the specific case, the employee, first disciplined and then ....

27 June 2017 • Insights

Unlawful dismissal of employees who posted on Facebook comments against their employers

The Court of Cassation, by judgement No. 13799 dated 31 May 2017, intervened in the case of a dismissal for just cause issued against an employee who had posted on Facebook a few comments against her employer company as well as against her legal representative. In the specific case, the company was ordered at the ....

27 June 2017 • Insights

Grouping of companies in the case of fraudulent splitting

The Court of Cassation, with judgement No. 14175/2017, stated once again that, for the purpose of calculating the employment demand and verifying the company’s reasons for dismissal, a single centre of interest to which the employment relationship must be addressed applies only in the case of fraudulent splitting demonstrated in the context of different companies ....

27 June 2017 • Insights

Verbal justifications must always be assessed

The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No. 300/1970, an oral hearing requested by the worker constitutes a prerequisite of his/her right of defence. The Court of Cassation has also clarified that this “unfailing procedural ....

27 June 2017 • Insights

Dismissal of an employee who abuses of the internet is lawful

The Court of Cassation, with judgement No. 14862 dated 15 June 2017, declared lawful the disciplinary dismissal (while confirming the conversion performed by the court of appeal from dismissal for just cause to dismissal for a justified subjective reason) ordered to an employee who used the corporate Internet connection for personal purposes in a systematic ....

27 June 2017 • Insights

DID YOU KNOW THAT… remote working is now operative?

From 14 June 2017, remote working has become officially operative, as “a way of implementing an employment relationship” carried out in part at the premises of the company and partly at a different location, without a fixed workplace, but within a maximum duration limit of the daily and weekly work hours established by law and the ....