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.
Court of Cassation, with sentence no. 26143 filed on November 21, stated that the recording of colleagues’ conversations, unknown to them, is a reason justifying dismissal, though the recording was aimed at proving “mobbing”.
The Court of Cassation, with sentence no. 24259 of October 28, stated that the outsourcing of the most qualified activities of a service, in case of employee’s refusal to be seconded to the external company or to perform a different task corresponding to his/her job position, is able to legitimize the dismissal if alternative positions suitable for him/her in the same company do not exist.
Una cassiera del supermarket perde il lavoro perché si porta a casa i premi previsti per i clienti. Il licenziamento è legittimo, ha confermato la Corte di Cassazione, sezione lavoro, con sentenza n. 24588/13, respingendo le osservazioni della lavoratrice la quale aveva contestato la mancata esposizione, nel luogo di lavoro, del codice disciplinare.
The Stability Law 2013 did not only exclude the possibility for employees dismissed for objective reason by small companies (hired less than 15 employees) to be enrolled in the mobility lists but, above all, did not refinance the incentive in favour of such employees.
The Commission for the questions related to the safety on work, in the note no. 8/2013, specified that prior medical examination required by the Legislative Decree no. 81/2008 for the suitability assessment of the employee to the specific duty is valid for one year only
Court of Cassation, with sentence no. 20913 of September 12, 2013, stated that technical, organizational and productive reasons justifying the transfer of the employee must be described in detail and must not be generic.
INPS, with message 16961 of October 22, provided some clarifications about the special indemnity granted to project employees (so called “co.co.pro.”) by Fornero Reform.
Court of Cassation, with sentence no. 21922 of September 25, 2013, rejected the appeal of a company against the decision of the Court of Appeal which stated that employee’s behavior who claimed her new duties must be assigned in writing is lawful.
