News & Insights

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Think Tank

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.

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Insights

Disciplinary dismissal is lawful only if there is proportionality

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…

Insights

It is lawful to dismiss an employee for profit reasons, even if there is no [financial] crisis situation

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…

Insights

The right to higher tasks must be verified from a quality standpoint

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…

Insights

The objective nature of discriminatory dismissal and the subjective nature of retaliatory dismissal

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…

Insights

Specificity, immediacy and immutability: the three fundamental requirements for disciplinary objection

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…

Insights

Five-year statute of limitations on contributions credit

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.…

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…

Insights

Geolocation: continuous monitoring banned

The Personal Data Protection Authority issued Order no. 247/2017 in response to a request for preliminary verification, lodged by a company working in the field of refuse collection…

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