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

7 July 2015 • Insights

Court of Cassation, 7 July 2015, no. 14106: a letter of admonition cannot be postponed

With its ruling no. 14106/2015, the Court of Cassation declared a dismissal of an employee for just cause wrongful due to a late letter of admonition. In the case in question, a disciplinary proceeding was started in April 2010 against the worker, who was arrested in January 2009 for events not related to his employment.

6 July 2015 • Insights

Onus of proof for salary differences and higher employment category

The Milan Court, Labour Section, with the ruling no. 862/2015, rejected the appeal submitted by a former employee of a Company we represent, who had applied to the aforesaid judge in order to obtain, inter alia, salary differences resulting from (i) recognition of a period of irregular work; (ii) recognition of a higher employment category; ....

1 July 2015 • Insights

Validity and effects of double dismissal (Il Quotidiano del Lavoro, 1 july 2015)

The Court of Cassation once again rules on the legitimacy of a second dismissal notified by the employer on the same employee while a challenge...

25 June 2015 • Insights

JOBS ACT: LIFE-WORK RECONCILIATION FOR IMPROVEMENT OF EMPLOYMENT QUALITY

Some of the most important changes introduced by implementing decree no. 80 which became effective on 25 June 2015 and containing the measures for reconciliation between family needs and work, include the possibility of asking for parental leave to use up until the child is 12 years old, which is paid at 30% up to six years, and the possibility of using parental leave in hours, alternatively to part-time at 50%.

25 June 2015 • Insights

ON THE ITALIAN OFFICIAL GAZETTE TWO NEW DECREES IMPLEMENTING JOBS ACT

Two new decrees implementing the wide employment law reform of 2015 (so-called Jobs Act) have just been published on the Italian Official Gazette

25 June 2015 • Insights

CODE OF CONTRACTS: OUTSOURCING ALIGNS WITH THE PRINCIPLES OF THE REFORM

The so-called “Code of contracts”, contained in Italian Legislative Decree no. 81 which became effective 25 June 2015, dedicates the entire 5th section to the outsourcing of work, which has been reinforced in a context of a complete revision of the previous laws as per the Biagi Decree (Legislative Decree 276/2003). With the specific reference to the outsourcing of short-term work, the delegated legislator, on one hand has confirmed the “acausal nature” of the same without time limits (unlike the 36 months established for a short-term contract) and at the same time has introduced new bans. With this Reform, the user no longer has the option to use this type of work or layoffs or redundancy benefits in the event of a company crisis, which were all allowed previously.

25 June 2015 • Insights

JOBS ACT: PROJECT CONTRACTS SUPERSEDED

The enactment of the legislative decree on the subject of overhaul of contract types has resulted in the repeal of the provisions of articles 61 – 69 bis of Italian Legislative Decree 276/2003.