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

21 March 2014 • Insights

Court of Cassation: dismissal of executive can be based on the grounds of mistrust (Il Sole 24 ore, March 18, 2014, page 38)

The Court of Cassation, with judgment no. 6110 of yesterday, stated that the dismissal of executive can be justified for any cause supported by reasons in compliance with law and by a global assessment.

14 March 2014 • Insights

MINISTRY OF LABOUR: RULES ON PENALTIES FOR THE PAYMENT OF CASH IN HAND OVERTIME (IL SOLE 24 ORE, MARCH 10, 2014, PAGE 22)

Labour Ministry, with note no. 2642/2014, stated that the employer who pays cash in hand overtime is subject to a double penalty.

14 March 2014 • Insights

Court of Rome: new procedure introduced by law 92/2012 is not applicable to the apprenticeship (Il Sole 24 ore – March 11, 2014 – page 22)

Court of Rome, with judgment of March 5, 2014, stated that terminating an apprenticeship contract may not be challenged with the new procedure introduced by Law 92/2012 (so called “Rito Fornero”), but with the ordinary procedure.

7 March 2014 • Insights

THE LABOUR INSPECTOR BECOMES A CONSULTANT (ITALIA OGGI, MARCH 6, 2014, PAGE 36)

With circular no. 6/2014, the Labour Ministry interpreted the new code for labour inspectors stating that their role is not only to ascertain facts constituting violations and consequently notifying irregularities and applying sanctions, but also, as a supervisory body, he/she is formally given the responsibility of providing operational advice to properly implement labour and social security rules, with particular reference to issues of greater social importance, as well as to new laws and interpretations”.

7 March 2014 • Insights

THE COMPANY DOCUMENTS SENT TO THE LEGAL ATTORNEY DOES NOT JUSTIFY DISMISSAL (IL SOLE 24 ORE, MARCH 6, 2014, PAGE 25)

Court of Cassation, with judgment no. 5179 filed on March 5, stated that an employee who sent his legal attorney documentation concerning confidential company information may not be dismissed

28 February 2014 • Insights

Court of Cassation: clarifications on not material damages (Italia Oggi, February 26, 2014, page 24)

Court of Cassation, with sentence no. 4439/2014, stated that not material damages is a unitary and full-comprehensive category, as the material damages, which does not change its character only because concerns goods of different nature.

28 February 2014 • Insights

Apprenticeship: amendment to the regional training (Il Sole 24 Ore, February 22, 2014, page 22)

The guidelines of the State-Regions Conference on apprenticeship focus on the regional training which, according to the Consolidation Act of 2011, can not last more than 40 hours per year.

21 February 2014 • Insights

INAIL: communication of RLS name and communication of partner-employees/co-employees/artisans and no artisans assistants (Il Sole 24 Ore, February 15, 2014, page 20)

INAIL, with note no. 11/2014, stated that the following communication have to be made only through electronic modality with the online services accessed from the website of the Institute: (i) the communication of the names of the employees' health and safety representative (so called “RLS”) and (ii) from February 15, 2014, also the communication of the names of collaborators and assistants of family businesses, assistants of commercial companies and partners-employees of business and of companies in corporate form.