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: information due to the employer during an employee’s absence for sickness

With sentence no. 15226 dated 22 July 2016, the Court of Cassation rejected the petition of a female employee seeking to overturn the sentence of the court of Appeals which upheld her dismissal for disciplinary reasons i.e. absenteeism because of her failure to submit a medical certificate. In the account of the employee, she went ....

1 September 2016 • Insights

Resignation on line: procedure to be revised

A few months after the online procedure for the notification of resignation and agreements to terminate employment came into effect, amendments are already being recommended. The Employment Committees of the Chamber of Deputies and the Senate have approved, with some observations, the proposal of Labor Consultants to introduce «corrective measures» to improve the new procedure ....

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 ....

1 September 2016 • Insights

Court of Cassation: trial period and its validity

With sentence no. 16214 dated 3 August 2016, the Court of Cassation affirmed that a trial period must be accepted in writing by the employee. In this particular case, a female employee asked the Courts to quash the termination of her employment because the trial period specified in the employment contract had expired. The employer ....

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.