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

31 March 2016 • Insights

Remote working: the Senate starts its examination of the Government’s Bill

Remote working will be officially recognized by Italian law once the Bill conveying “Measures for protecting non-entrepreneurial self-employment and measures designed to facilitate flexible working in terms of hours and place of employment”, currently being examined by the Senate Labour Commission, has gone through Parliament. The Bill in question does not aim to introduce a ....

31 March 2016 • Insights

Court of Cassation: no mobbing if there is negligence

With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed at the gradual personal and professional demolition of the employee in question. The employer must safeguard the physical well-being and moral character of employees. In this sense, ....

31 March 2016 • Insights

Court of Cassation: unlawful dismissal when failure to have a medical examination does not constitute a precondition of serious breach of contract

With its judgment No. 4695 of 10 March 2016, the Court of Cassation declared as unlawful the dismissal for just cause of an employee who (i) was not present for the home medical visit during the period of illness in question, and (ii) failed to have a medical examination at the doctor’s surgery the following ....

31 March 2016 • Insights

Court of Cassation: key ingredients for an agreement having definitive effects

With its judgment No. 3306 of 19 February 2016, the Court of Cassation confirmed the legal principle already stated in the Court’s decision No. 22540 of 2 October 2013, in virtue of which “the employee’s action aimed at recognition of rights connected to previous employment, cannot be precluded by generic, all-inclusive forms of waiver, in ....

31 March 2016 • Insights

On line resignation: the first critical aspects

On 12 March 2016, the new procedure came into force governing online resignation and termination by agreement, introduced by the Jobs Act. However, there are certain critical aspects of the new procedure. Firstly, there is an initial doubt regarding the procedure’s application in the case of resignation during an employee’s trial period. On the one ....

31 March 2016 • Insights

Court of Cassation: the burden of proof in regard to the suitability of employees lies with the employer

With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to perform new duties in a different company unit, when the employee in question complains that he/she is physically unsuitable for such duties without, however, providing written evidence ....

3 March 2016 • Insights

Approval of the self-employment’s statute

On 28 January 2016, the Council of Ministers passed, amongst others, the bill conveying measures for protecting non-entrepreneurial self-employment. The regulation at issue must follow the procedure to enact a bill, in order for it to enter into force. Such regulation was announced as the professional Self-employment’s statute, since it is the first unitary text ....

3 March 2016 • Insights

Stability Law for 2016: the legal framework of the company’s welfare

Amongst the main new developments introduced by the Stability Law for 2016, the amendments made to article 51 of the Consolidated Tax Act (TUIR) are particularly important. In particular, the measures foresee a personal income tax (IRPEF) exemption for: (i) supplies and services (aimed at education, training, leisure, welfare services and health care, religion) which, ....