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

28 August 2017 • Insights

DID YOU KNOW THAT… on 25 May 2018, the European Data Protection Regulation will become fully operational?

The date of 25 May 2018 is approaching and the European Personal Data Protection Regulation No.679, entered into force on 26 May 2016, will become fully operational. Therefore, all companies, if they have not yet done so, must promptly ensure to implement all the organizational and technical measure necessary to meet the regulation requirements, in ....

28 August 2017 • Insights

Law on competition: collective bargaining agreement and partial devolution of the accruing employee’s severance indemnity

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 ....

28 August 2017 • Insights

National collective bargaining agreement for Mechanical engineering industry: new minimum salary levels have been defined

On 6 June 2017, as a follow up of what had been established in the Renewal Agreement dated 26 November 2016, Federmeccanica, Assistal, Fim, Fiom and Uilm, have adjusted the minimum contractual salary levels by [job position] level on the basis of the actual inflation rate. And not only that. In the agreement, also the ....

25 July 2017 • Insights

DO YOU KNOW THAT… disciplinary dismissal and dismissal for objective just cause are retroactive?

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 ....

24 July 2017 • Insights

Dismissal of an employee for breach of company practice is lawful

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, ....

24 July 2017 • Insights

The procedural guarantees referred to in Art. 7 of the Workers’ Charter are also applied to disciplinary dismissal of a senior executive

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. ....

24 July 2017 • Insights

Dismissal via Whatsapp is legitimate

The Catania Employment Tribunal, by referring to a precedent from the Florence Tribunal, issued an order stating that dismissal of an employee via Whatsapp is legitimate. In the Court’s opinion, the means used by the employer, nevertheless, satisfied the need of a written format as it was an informative document which the dismissed worker, in ....

24 July 2017 • Insights

Dismissal due to the suppression of a post through a different division of duties is lawful

In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal due to objective just cause, in relation to the suppression of a post, it is not necessary for all the duties previously assigned to the dismissed employee ....