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

1 September 2016 • Insights

Court of Cassation: the concept of production unit for the applicability of real guarantees

With sentence no. 15211 dated 22 July 2016, the Court of Cassation upheld the decision of the lower courts, affirming that where a workplace coincides with the home of the employee, for the purposes of ascertaining if the size of the workplace is such as to require reinstatement of the worker, if unfairly dismissed, pursuant ....

1 September 2016 • Insights

Self-employment and remote working: new text approved

At the meeting of 22 July 2016, the Senate Employment Commission approved the «new» text for the draft bill relating to self-employment and remote working, with significant amendments to the text submitted by the government in 2015. Regarding self-employment, the regulations will also apply to working relations with special provisions pursuant to section 2222 of ....

1 September 2016 • Insights

Court of Cassation: transfer and discrimination

With sentence no. 15435 dated 26 July 2016, the Court of Cassation affirmed the principle according to which the evidence of discrimination provided by an employee may be circumstantial or based on presumption. In the case in point, a female employee was dismissed for not accepting transfer to a Point of Sale about 150 km ....

1 September 2016 • Insights

Court of Cassation: company documents usable during a Court case

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the recognition by the employer of a revised job description involving additional duties. The employee in question took possession of documents useful for the case, sending them from ....

4 August 2016 • Insights

“Penalties after falsified evidence of attendance at work” (Il Giuslavorista.it, 04 August 2016 – Enrico De Luca, Luciano Vella)

L’entrata in vigore, lo scorso 13 luglio, del decreto legislativo n. 116 ha riaperto il dibattito sul tema della tutela del lavoratore dipendente di una pubblica amministrazione.

1 August 2016 • News

HR Breakfast “Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches” – 8 September 2016

Vittorio De Luca (Managing Partner at De Luca & Partners) and Robert Chiaravalli (President at Strategic Labor & Human Resources LLC) will be speakers at the HR Breakfast appointment organised by De Luca & Partners on 8 September 2016. Exceptionally, the event will be taught in English and will be held in Milan at Promos (via Meravigli, 7) ....

26 July 2016 • Insights

Tertiary-sector Managers: renewal of the COLLECTIVE LABOUR AGREEMENT has been signed

On 21 July 2016, the renewal of the COLLECTIVE LABOUR AGREEMENT for managers of the Tertiary, Distribution and Service sector, was finalised between Confcommercio and Manageritalia. One of the major novelties notably relates to the reduction of the protected period to 240 days in one year, during which full remuneration is paid to the manager, ....

26 July 2016 • Insights

Court of Appeal in Milan: messages in a mailing list protected like private correspondence

The Court of Appeal in Milan, in its ruling No. 439/2016, confirmed the principle that e-mail messages exchanged among employees as part of a mailing list, constitute private correspondence and therefore fall into the category of protected communications of a personal nature. According to the Court, the personality of the communication “lies in the predetermination ....