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

23 October 2009 • Insights

Outsourcing contract to be performed at the premises of the principal is genuine even when performed with equipments made available by the principal

The Ministry of Labour, with ruling no. 77 dated October 22, 2009, replied to an official enquiry of Confindustria (employers' association)

8 October 2009 • Insights

Work and privacy: technology and companies power control

Over six and a half million of employees use internet during working hours for non-working purposes. Every month, each employee sets to navigation around 38 hours which is equal to, more or less, a week of work.

5 October 2009 • Insights

SAFETY AT WORK: COMMUNICATION OF THE WORKERS’ SAFETY REPRESENTATIVE (RLS)

INAIL (National institute for insurance against injuries at work) has published circular letter no. 43/09 with which it describes the operating procedures for communicating the information on Workers’ Safety Representatives (RLS).

5 October 2009 • Insights

SIMPLIFIED PROCEDURE FOR HIRING OF NON-EU WORKERS HAVING SPECIFIC SKILL PROFILES

Law no. 94/09 was published in the ordinary supplement of the Italian Official Gazette no. 170 of 24 July 2009.

5 October 2009 • Insights

CASSA INTEGRAZIONE GUADAGNI STRAORDINARIA (SPECIAL REDUNDANCY FUND): FLEXIBLE APPLICATION PROCEDURE

A decree of the Ministry of Labour dated 29 June 2009 changed the procedure for applying for this special redundancy fund in the event of a company crisis consequent to a “sudden and unexpected event”.

5 October 2009 • Insights

Validity of employee’s out of court confession (Court of Cassation, Labour Sec., Decision no. 14047 of 17 June 2009)

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.

5 October 2009 • Insights

Legal to dismiss an employee in conflict of interest (Court of Cassation, Labour Sec., Decision no. 14176 of 18 June 2009)

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

5 October 2009 • Insights

Accident due to on the job cause, proof required from employee (Cassation Court, Labour Sec., Decision no. 14192 of 18 June 2009)

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.