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

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”. The Decree sets the requirements for the application of…

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…

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…

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…

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,…

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…

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…

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…

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