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.
With its ruling no. 5173 of 16 March 2015, the Cassation Court returned to propose an interpretation, regarding the grounds for dismissal for justified reason which are not expressly contained in the law.
The case examined by the Labour Section of...
Article 3, paragraph 1 of Legislative Decree no. 23/15 establishes that if it is ascertained that the grounds do not exist for dismissal for justified objective motive ”the judge declares the employment terminated on the date of dismissal”
The government has promised a great revolution, able to revitalise the floundering job market in Italy. But many doubts remain. Will the Jobs Act really improve the conditions of working mothers? Or will it make them, as the critics say, more open to blackmail and precarious? Despite the many announced introductions, many of these still ....
With its ruling no. 18667 of 6 May 2015, the Court of Cassation confirmed that, for the allegation of an illegal contract it is not sufficient to prove that the customer gave orders to the contractor's employees but it is necessary to investigate the contents of such orders and prove that they regard the provision of work actually performed.
The Milan Court, Labour Section, with a ruling of 13 November 2014, made a decision in a proceeding started by a worker who challenged a dismissal for objective justified reason following physical unfitness for performing the job to which he was assigned, and requesting compensation for damages resulting from an occupational accident from the Employer, ....
With its ruling no. 8784 of 30 April 2015, the Cassation Court declared dismissal of a worker for just cause legitimate in the case of a worker who had requested time off to assist a severely disabled mother as per Italian Law 104/1992 and who, in fact, had gone to a dance.
With its ruling no. 70 of 30 April 2015, the Constitutional Court declared article 24, paragraph 25 of Italian Legislative Decree 201/2011 (so-called Manovra Salva-Italia), converted by Italian Law no. 214/2011 illegitimate, specifically the part which had frozen revaluation of pensions of amounts greater than 1,700 euro gross for the 2012-2013 two year period.