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

30 May 2016 • News

Conferences “Discrimination in the Jobs Act era” – Convenia, Milan (15 june 2016)

Alberto De Luca and Elena Cannone were speakers at the conference “Discrimination in the Jobs Act era” organised by Convenia in Milan on 15 June 2016. Click here to read more.

27 May 2016 • Insights

Court of Cassation: the relationship of trust releases the employer from continuous pressing

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....

27 May 2016 • Insights

Court of Cassation: the insults to the boss justify the dismissal without notice

By way of judgment No. 9635 lodged on 11 May 2016, the Court of Cassation has stated that in no way can the concept of insubordination be limited to the refusal to abide by the instructions given by the employer, but it extends to any conduct capable of causing damage to the company’s organisation. Well ....

27 May 2016 • Insights

Cross-border posting in light of the draft legislative decree No. 296/2016

The draft legislative decree No. 296/2016 redefines the rules on cross-border posting, being an obstacle to the so-called “unlawful triangulation of staff”, often used by entrepreneurs to benefit from more advantageous contributory regimes. The draft decree, drawn up for the purposes of implementing EU Directive 67/2014 (the deadline for implementation is fixed on 18 June ....

27 May 2016 • Insights

On personal data – alignment within May 2018

Three decisions concerning the use of personal data were published in the Official Gazette of the EU last 4 May 2016. Namely, the new Regulation and two Directives, that is that concerning the processing of personal information during police and judicial activities, and that regarding the ‘Personal name record’ (i.e. the ‘Pnr’), that is the ....

27 May 2016 • Insights

The employer’s power to control emails (Il Giornale di Vicenza – Idea Impresa, 25 May 2016 – Vittorio De Luca, Elena Cannone)

Il datore di lavoro, nell'ambito di un equo contemperamento tra il proprio interesse ad avere un'organizzazione efficiente e produttiva e l'interesse del lavoratore alla propria libertà...

27 May 2016 • Insights

The Interdepartmental Decree on performance bonuses and the sharing into the company’s profits

By way of the publication of Interdepartmental Decree No. 1462/2016 on the Ministry of Labour’s Website on 16 May 2016, the concessions on performance bonuses and on the amounts paid to employees by way of sharing into the company’s profits introduced by 2016 Stability Law have become effective. The Decree at issue governs, amongst others, ....

27 May 2016 • Insights

Court of Cassation: dismissal and the evidence of the grounds

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal ....