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 the sentence no. 17204/2013, stated that the employer is exempted from the obligation to obtain the consent of the employee in order to carry out preliminary investigation aimed at exercise his/her right.
The Ministry of Labour, with note n. 36/2013, provided the first operating instructions for the correct reading of the rules in matter of regular contribution stated by Law Decree no. 69/2013, converted into Law 98/2013.
The Court of Milan, with sentence no. 2797 of July 9, 2013, stated that also the executives (so called “dirigenti”) have the burden to challenge the dismissal within the term– introduced by the labour reform – of 60 days from its written notice, in extrajudicial phase, and within the term of 270 days (reduced at 180 days by Law 92/2013), for the judicial phase.
The National Institute for Social Security, with note no. 131/2013, provided the operating instructions for benefiting of the social security incentive stated by the article 1, of Law Decree n. 76/2013, converted with amendments by Law n. 99/2013.
The Court of Cassation, with note no. 20715 of September 10, 2013, stated that company’s mailing list can not be used to circulate trade unions’ messages strongly critical toward the company.
Through the amendments introduced by Law no. 99/2013 to the article 21 of Legislative Decree no. 151/2001, it has been started the process for the data transmission of the medical certificate of pregnancy and of all the documents concerning the birth of the child, as the medical documentation illness.
The Ministry of Labour, with note no. 35/2013, illustrated the changes introduced by the Law Decree 76/2013, converted into Law 99/2013, including those relating the profit-sharing associates with contribution of work.
The Supreme Court, with sentence no. 20228, stated that the employer makes unfair competition when hires the most capable employees of another company of his/her own sector at the only aim to damage it.
