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

11 November 2015 • Insights, News

Dismissal and unemployment during the 9 months: what you need to know (QuiMamme.it – Io e il mio bambino, 11 November 2015)

What social shock absorbers does the Jobs Act include in the event of dismissal? And how do they reconcile with protections for maternity? We spoke with Elena Cannone, a lawyer from the De Luca & Partners law firm in Milan, specialised in employment law. Unemployment benefits (Italian mobilità) during pregnancy. This social shock absorber regards ....

3 November 2015 • Insights

Multinationals begin investing in Italy once again (Invest in Lombardy, 03 November 2015)

A new post-crisis wind is beginning to blow: Italy is recovering its competitiveness and globally recouping its appeal.

2 November 2015 • Insights

The reasons justifying use of a temporary work contract

The Court of Appeals of Milan, Labor Section, with its ruling, rejected the appeal submitted by a temporary worker of our Client, who had challenged the temporary work contract requesting, inter alia, verification of (i) the nullity and/or illegalness and/or ineffectiveness of the termination date set in the contract and (ii) the existence of open ....

2 November 2015 • Insights

Court of Cassation 16 September 2015: recognition of executive position

With its ruling no. 18165 of 16 September 2015, The Court of Cassation recognized an executive position for a credit manager who, despite the lack of formal assignment of such position by top management, performed executive duties. These duties were characterized by the proposal, with broad decision-making powers, to one or more services, which put ....

2 November 2015 • Insights

Court of Cassation 7 October 2015: the 180 days for filing a lawsuit start from sending the out-of-court letter

With its ruling no. 20068 of 7 October 2015, the Cassation Court confirmed that the dies a quo for the start of the 180 days for filing an appeal coincide with the date when a letter is sent by the employee challenging the employer’s dismissal and not the date the employer receives such letter. This ....

2 November 2015 • Insights

Court of Cassation 12 October 2015: dismissal and defensive controls

With its ruling no. 20440 of 12 October 2015, the Court of Cassation declared a dismissal of an employee by an employer lawful, after having ascertained – based on records from a GPS installed on a company car, as well as on the basis of results from investigations, – that the employee left the company ....

2 November 2015 • Insights

Court of Rome 30 September 2015: the “new” article 2013 of the Civil Code and its field of application

With the sentence filed last 30 September, the Court of Rome ruled for the first time on the reform of job duties introduced with the Legislative Decree no. 81/2015 implementing the Jobs Act, providing its interpretation on the matter. According to the Court job downgrading constitutes a type of “permanent illegality”, which is implemented and ....

2 November 2015 • Insights

Stability Law: The Government has passed the Draft law

On 15 October 2015 the Council of Ministers approved the draft law concerning the financial maneuver expected for the year 2016 (so-called stability law). The text effects employment policy (i) confirming tax breaks for new hirings with open end contract, even if the benefit will only be for two years, with annual ceiling halved, which ....