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

27 January 2016 • Insights

Court of Cassation: the option of the indemnity in lieu of reinstatement terminates the employment

With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned, when an employee informs the employer to opt for the indemnity in lieu of reinstatement, the employment will be terminated. This will apply even if the employer ....

27 January 2016 • Insights

Holders of VAT numbers of doubtful authenticity and their regularisation

Also the holders of VAT numbers, just like freelance work coordinated by an employer (namely, the so-called co.co.co.), must comply with the provision under article 2 of Legislative Decree No. 81/2015 in force as of 1 January 2016. In short, all self-employed freelance work having the features foreseen by the aforesaid rule (personal nature and ....

27 January 2016 • Insights

Court of Milan: statute-barred salary receivables

With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company in connection with the request of salary differences of some employees. In particular, the judge of first instance stated that, effective as of 18 July 2012 (date ....

27 January 2016 • Insights

Court of Cassation: 30 days to exercise the remedial indemnity option in lieu of the reinstatement protection

With its judgment No. 203 of 11 January 2016, the Court of Cassation has stated that the 30-day term, provided for under paragraph 5, of article 18 of Law No. 300/1970, to exercise the option right aimed at obtaining the 15 monthly salaries in lieu of the reinstatement in the job, in case of a ....

27 January 2016 • Insights

Court of Cassation: dismissal for justified subjective grounds may also be changed by court, even by the court of appeal

With its judgment No. 21 of 4 January 2016, the Court of Cassation has stated that the so-called omitted ruling flaw shall be triggered for the judge, also the court of appeal judge, who declares unlawful a dismissal served for cause without the court first checking the feasibility of turning it into a dismissal for ....

25 January 2016 • News

What do people who use their email to chat with others risk? (Panorama, January 2016)

European Court of Human Rights no 61496 of 12 January 2016: bosses reading emails are not necessarily breaching employees’ privacy. Vittorio De Luca was interviewed by the magazine “Panorama”. Source: Panorama

21 January 2016 • Insights, News

What do people chatting on email at work risk? (Panorama, January 2016)

The story of a Romanian employee fired for his private messages sent from the office is making almost all employees nervous. Can companies really fire people for chatting or browsing online for personal reasons? Here is the interview given by Mr. Vittorio De Luca to the magazine Panorama. Source: Panorama           ....

14 January 2016 • News

Usare la mail aziendale per scopi privati: si rischia il licenziamento? (Donna Moderna, 14 gennaio 2016)

Un ingegnere romeno è stato licenziato per aver usato l'account aziendale per scambiare email private.