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 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

Conciliation: double control over filing of minutes in trade unions

The Ministry of Labour, with Memoranda Nos. 5199/2016 and 5755/2016, provided clarifications of interpretation on the filing process at the Territorial Directorate of Labour (DTL) of the minutes of conciliation in trade unions. The Ministry pointed out that in the event of conciliation reports filed in trade unions, the DTL must verify a) the authenticity ....

26 July 2016 • Insights

Laundries: the draft renewal of the COLLECTIVE LABOUR AGREEMENT has been signed

On 13 July 2016 the draft agreement was signed for the renewal of the industrial laundry sector COLLECTIVE LABOUR AGREEMENT, which expired on 30 June 2015. The agreement provides for an average wage increase of Euro 70 for level A3, to be paid in three tranches: (i) EUR 30 from 1 July 2016; (ii) Euro ....

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 ....

26 July 2016 • Insights

Court of Cassation: prolonged absence from the new job location does not justify dismissal

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of ....

26 July 2016 • Insights

Dismissal for misconduct is lawful if the out-of-work conduct violates the principles of fairness and good faith

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....

26 July 2016 • Insights

Court of Cassation: in the event of dismissal, compensation remains within the limits of what was applied for

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....