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.
The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity, who failed to make all the inspections he was entrusted. The disciplinary offence was ascertained by the employer on the basis of data collected through the GPS ....
The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law 223/1991, on failure to clarify the factual assumptions on the basis of which the employees to be dismissed were selected, was merely a matter of form. It ....
After approval issued by the Privacy Authority, businesses may install an “app” on the smartphones of their staff to record the start and end of the work shift. What are the regulatory principles of such remote supervisory tools which, while practical for corporate efficiency, may affect the right to employee’s privacy? The monitoring app may ....
The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee bracing a firearm. According to the Court, in this case, the employee’s conduct, even if reprehensible, was not serious enough to “debase (…) the fiduciary relationship with ....
The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to the Supreme Court of Cassation, failure to achieve a specific result is not sufficient evidence for dismissal, but it is also necessary to demonstrate a culpable and ....
On 7 October 2016, Vittorio De Luca guest-starred in “Italy under Investigation”, the program presented by Emanuela Falcetti on Rai Radio 1 and he talked about the employer’s right to verify the truthfulness of workers’ claims of illness. Click here to listen to the interview.
Employees of the private sector who will reach the retiring age by 31 December 2018 will be eligible for a subsidy associated to a reduction of the working hours agreed with their employer (the so called “subsidized part-time”) subject to a number of conditions. In detail, subsidized part-time may be applicable to anyone who: was ....
The Council of Ministers, in its meeting of 23 September 2016 has approved in its final form, a legislative decree containing, among others, provisions integrating and correcting Legislative Decree No. 81/2015 and Legislative Decree No. 148/2015. With regard to accessory work, the decree calls for the principal to notify by text message or email to ....
