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

2 May 2017 • Insights

The Legislative Decree that amends the procedures for the fight against bribery and corruption in the private sector has been approved. There is news also for the Organizational Models

On 30 March 2017, Legislative Decree No. 38/2017, related to the fight against bribery and corruption in the private sector has been approved. This piece of legislation extends the range of active subjects committing the offence as detailed in art. 2635 of the civil code, including – in addition to those that hold actual key ....

2 May 2017 • Insights

The decree implementing the so-called “Ape sociale” has been signed

On 19 April 2017, the President of the Council of Ministers signed the decree implementing the so-called “Ape sociale”. This is an experimental measure, effective from 1 May 2017 to 31 December 2018, designed to accompany to retirement disadvantaged workers or those who are under conditions of distress. In particular, the workers who can benefit ....

2 May 2017 • Insights

INPS Message 1652 dated 14 April 2017; vouchers and transitional period

As known, with decree No. 25/2017, approved in March by the Government and converted into law by Parliament (law No. 49/2017), the regulation regarding casual work has been repealed and, consequently, the abrogative referendum has been cancelled. INPS, with message No. 1652 dated 14 April 2017, has thus issued instructions to guide the operators in ....

2 May 2017 • Insights

Dismissal is acceptable if exceeding the protected period is due to another illness

The Court of Cassation, with judgement No. 9395 filed on 12 April 2017, issued a ruling on the dismissal ordered to a disabled employee for exceeding the protected period, declaring the legitimacy of the order. In fact, the Court has confirmed the line of thought according to which absences connected to the status of disability ....

28 April 2017 • Insights

“Fight against bribery and corruption in the private sector under the governing rules of law 231” (Newsletter Norme & Tributi No. 114 – Italian-German Chamber of Commerce – Vittorio De Luca, Luciano Vella)

La lotta alla corruzione nel settore privato subisce un importante assesto grazie alla pubblicazione, lo scorso 30 marzo, del D.Lgs. 38/17. La novella normativa ha ampliato la platea dei soggetti attivi autori di reato passibili di sanzione, includendovi, accanto agli amministratori, direttori generali e dirigenti anche i dipendenti che svolgono attività lavorativa con l’esercizio di ....

3 April 2017 • Insights

Gli strumenti a tutela del Whistleblower all’interno del Modello 231 (Newsletter Norme & Tributi n. 113 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

Lo scorso 28 febbraio è iniziato l’esame al Senato del Ddl n. 2208, recante disposizioni per la tutela degli autori di segnalazioni di reati...

27 March 2017 • Insights

Disciplinary dismissal: double checking by the judge

The Court of Cassation, with judgement No. 7166 dated 21 March 2017 has once again deliberated on the subject matter of disciplinary dismissal. In this specific case, the employee, holding the position of emergency technical manager was dismissed after a disciplinary proceeding for having refused to respond to two subsequent support calls respectively for a ....

27 March 2017 • Insights

Do you know that the employer is entitled to modify the duties, the legal category and the contractual enrollment as well as the salary of the employee?

Pursuant to article 2103 of the Italian Civil Code as recently reformed, the employer can enter into an individual settlement agreement with the employee – to be signed in front of public authorities – providing for the change of the duties, the legal category of employment and the contractual enrollment as well as the relevant ....