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.
The Milan Court, Labour Section, with ordinance no. 11340 of 15 April 2015, specified that a generic disciplinary dispute prevents the identification of the act which is the basis for the dismissal.
The Ministry of Labour, with reply to a question of 24 April, clarified that the new social insurance for employment (Naspi) will apply to all cases of involuntary unemployment, including cases of (i) dismissals for just cause, (ii) consensual termination at the time of preventive arbitration before the local employment offices (DTL) and (iii) disciplinary dismissal.
Alberto De Luca participated as a Speaker at the convention “The implementing decrees of Jobs Act – Overhaul of contract types and rules governing job duties” – Ambasciatori Palace, Rome, 17 April 2015.
The conduct of a female worker who gave work files vulgar names is not just cause for dismissal. The Cassation Court established this with ruling no. 5878/15, confirming that the conduct of the worker, despite being censurable in terms of correctness, could not be considered serious enough to irreparably damage the relationship of mutual trust, because it did not constitute a clear and repeated disregard for the company's honour and image.
The decree no. 23/2015 omitted regulating dismissal for exceeding the protection period. Therefore, for new hirings, the unlawfulness of this type of dismissal is considered as unjustified dismissals, with consequent granting of two months pay for each year of job seniority with a minimum of 4 and maximum of 24 months pay (in small companies the worker can ask for halved increasing protection, with a minimum of 2 and maximum of 6 months pay).
The Milan Court, Labour Section, with its ruling of 29 January 2015, established that an employer who intends to dismiss more than five workers for objective reasons in one hundred and twenty days and at more than one shop, must apply the layoff procedure where the single shops (even if located in different provinces) do not constitute autonomous production units from a technical and organisational standpoint.
The definition of “definitive closure” of a business needs to be clarified.For the overhaul of social shock absorbers in terms of employment, as required by the Jobs Act, the desire of the legislator is to limit the application framework of these instruments, as well as to rid them of the primarily welfare connotation they have ....
With its ruling no. 3486/2015, the Cassation Court established that if a company is sentenced to reinstate a worker due to wrongful dismissal, the months pay that the worker would have received if he had accepted the company’s offer of a new job, are subtracted from the total compensation for damages owed to the worker (calculated as wages lost from the day of dismissal until the day of reinstatement).