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.
Employers may use data concerning their employees that are found on social networks. This has been established by the Privacy Authority and the judiciary.
Starting 1 January 2015, the economic treatment that relates to persons who were dismissed as a result of a staff-reduction procedure and that is covered by the application of redundancy schemes will suffer a significant reduction.
In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a new act of dismissal based on the same conditions, where the employee gives notice of a new period of illness.
In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment of a health and safety officer (Rssp), whose role is to provide direct assistance in support of, and not in substitution of, the employer in identifying risk factors.
On 6 November 2014, the Chamber of Deputies gave final approval to the bill (S. 1612) to convert Decree Law No. 132/2014, which is aimed at improving the overall efficiency of civil lawsuits. Below is a summary of the main revisions.
In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is not breached in the case of a temporary hiring one month before dismissal.
In Judgment No. 23381, entered on 3 November 2014, the Court of Cassation held that it is permissible to provide for a new probation period under a second employment contract concluded between the same parties for the same job, where the called-for probation is designed to meet the needs of a more complete evaluation about the employee’s personal and not just professional aptitudes in relation to the definitive nature of the responsibilities assigned to him.
The European law, which was just adopted by Parliament, has taken into account the judgment of the Court of Justice of the European Union of last 13 February (Case C-596/12), where the Court held that Law 223/1991 was invalid to the extent that is excluded the obligation to comply with the procedure for staff reductions with respect to managers.