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

5 April 2013 • Insights

Performance bonus with retrospective effect (Il Sole 24 Ore, April 3, 2013, page 14)

On March 29, the Decree of the Prime Minister, approved on January 22, was published on the “Official Gazette”.

5 April 2013 • Insights

Court of Cassation: the mobbing must have oppressive aim (Il Sole 24 Ore, April 3, 2013, page 14)

The Supreme Court, with sentence no. 7925 published on April 2, stated that mobbing may be ascertained by the labor judge only in case of oppressive acts against the employee.

29 March 2013 • Insights

Court of Cassation Criminal Section.: proxy on hygiene and safety at work with specific assignments (Il Sole 24 Ore, March 25, 2013, page 30)

Court of Cassation, Criminal Section, with sentence no. 11442 of March 11, 2013, stated that the proxy on hygiene and safety at work is effective when the subject who gives the powers specifies the tasks of the delegated.

29 March 2013 • Insights

Court of Cassation: the dismissal for cash desk abandonment is lawful (Il Sole 24 ore, March 29, 2013, page 21)

Court of Cassation, with sentence no. 7829 of March 28, 2013, confirmed that the bahaviour of a bank’s employee who leaves the cash desk unattended for the coffee break represents just cause for dismissal.

22 March 2013 • Insights

COLLECTIVE DISMISSALS: THE AGREEMENT WITH THE UNIONS PROVIDING THE CHOICE CRITERIUM OF IMMINENT RETIREMENT IS LAWFUL (Il Sole 24 Ore, March 18, 2013, page 31)

The Court of Cassation with sentence no. 5143 of March 1, confirmed the statement of sentence no. 12257/2012 according to which the criterium provided by the agreement with the Unions for the choice of the employees to be dismissed can be just one and it can be represented by the imminence of retirement, if it allows to make a strict classification and it can be applied and controlled without employer’s discretional choice.

22 March 2013 • Insights

Court of Cassation: the employee has not to be always re-qualified (Il Sole 24 Ore, Marzo 19, 2013, page 19)

Court of Cassation, with sentence no. 5963 of March 11, stated that a company that cancels a professional position is not obliged to train the relevant employee for different duties, but it can dismiss him/her when equivalent duties to be assigned do not exist.

22 March 2013 • Insights

TEMPORARY SUPPLY CONTRACT WITHOUT REASONS (Il Sole 24 Ore, March 21, 2013, page 24)

On March 20, the Ministry of Labor signed the decree that enforces for the “disadvantaged employees” the possibility of entering into a temporary supply contract without technical, productive, organizational and substitutive needs, necessary for a term provision.

15 March 2013 • Insights

UNLAWFUL TERM: CHALLENGING WITHIN 120 DAYS (Il Sole 24 Ore, March 11, 2013, page 29)

Amending the rules of individual dismissals, “Fornero Reform” extended the terms for challenging out of Court the fixed term contract in the case of unlawful term provision (Law no. 92/2012 amended Article 32 of Law no. 183/2010).