News & Insights

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Think Tank

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.

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Insights

THE USE OF VULGAR EXPRESSIONS DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, 15 APRIL 2015, PAGE 43)

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…

Insights

DISMISSAL FOR EXCEEDING THE PROTECTION PERIOD IN THE JOBS ACT (IL SOLE 24 ORE, 14 APRIL 2015, PAGE 37)

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,…

Insights

LAYOFFS AND SHOPS (IL SOLE 24 ORE, 13 APRIL 2015, PAGE 25)

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…

Insights

CASSATION: INDEMNITY REDUCED IF A NEW JOB OFFER IS NOT ACCEPTED (IL SOLE 24 ORE, 10 APRIL 2015, PAGE 40)

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…

News

No redundancy benefits if the company closes (Il Sole 24 Ore, 10 April 2015, page 40)

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,…

Insights

Dismissal is legal if a position has been eliminated and in the absence of job duties compatible with the employee's physical limitations

The Labour Court of Lodi confirmed that it is legal to dismiss a worker due to the elimination of the department and tasks to which the worker was…

Insights

POST-EMPLOYMENT BENEFITS (TFR): DECREE ON MONTHLY PAYMENT OF POST-EMPLOYMENT BENEFITS (“QUIR”) BECOMES EFFECTIVE (IL SOLE 24 ORE, 4 APRIL 2015, PAGE 14)

With the Decree 29/2015, which became effective last 3 April, workers can request monthly payment of their post-employment benefits (so-called "QUIR") in relation to pay periods from 1…

News

JUSTIFIED ABSENCE IF THE OFFICE TEMPERATURE IS VERY COLD (ITALIA OGGI, 2 APRIL 2015, PAGE 36)

The Cassation Court, with its ruling no. 6631/2015 of 1 April 2015, confirmed that an office environment which is too cold justified the workers refusal to work, and…

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