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

20 January 2017 • News

Round table “Reducing the cost of uncertainties for investors” – Invest in Lombardy days, Milano (7 febbraio 2017)

Alberto De Luca  will participate in the round table “Reducing the cost of uncertainties for investors”, which will be held on 7 February at the headquarters of the Lombardy Regional Authorities during the 5th edition of “Invest in Lombardy days”.

2 January 2017 • Insights

Dismissal for justified objective grounds cannot be based on the intentional behaviour of an employee

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....

2 January 2017 • Insights

The dismissal of a production manager who verbally assaulted a colleague during a trade union meeting is legal

With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal ....

2 January 2017 • Insights

Double dismissal is legal

With its judgement no. 24027 dated 24 November 2016, the Court of Cassation reconfirmed the legal principle pursuant to which, if an employer dismisses an employee for a specific reason (in this case because the employee had exceeded the number of sickness absence days), the employer may legally dismiss the employee a second time for ....

2 January 2017 • Insights

A manager must agree and confirm its leave with the employer

With its judgement no. 26464 dated 21 December 2016, the Court of Cassation confirmed that a manager must agree and confirm its leave with the employer, if this is set forth by a collective or personal contract. In the case in question a manager was dismissed for cause because he had gone on leave arbitrarily ....

2 January 2017 • Insights

DID YOU KNOW THAT… as from 1 January 2017 ordinary redundancy no longer exists?

As from 1 January 2017 ordinary redundancy has ceased to exist, as set forth by section 2, paragraph 71 of Law no. 92/2012 (the so-called Fornero Law). This means that as from 1 January 2017, the redundancy procedure has become a collective dismissal procedure, while the trade-union consultation procedure has remained unchanged, and a dismissal ....

2 January 2017 • Insights

The 2017 Finance Bill has been approved

On 7 December 2017, the Senate definitively approved bill no. 2611 relevant to the “Government Budget for the 2017 financial year and the multi-annual budget for the three-year period 2017-2019” (the so-called 2017 Finance Bill). The main developments in terms of “employment” include: (i) the increase in the value of production bonuses with a fixed ....

2 January 2017 • Insights

Gangmastering is now a predicate offence entailing the administrative liability of entities

With the entry into force of Law no. 199/2016 on 4 November 2016, the predicate offences entailing the administrative liability of entities set forth by Legislative Decree no. 231/2001 (hereinafter the “Decree”) now include illegal intermediation and exploitation of labour (known as the “gangmastering”). More specifically, the measures set forth by section 25 quinquies of ....