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

26 May 2010 • Insights

Criminal liability of the Employer in case of risk value’s omission about the use of a flat that he gave to an employee (Court of Cassation, IV Penal Section, no. 4939/2010)

The Court of Cassation, IV Penal Section, confirmed the criminal liability of the Employer that had not assessed the risks about the use of a flat that he gave to an employee for work.

26 May 2010 • Insights

The accident during the lunch break is not indemnifiable (Court of Cassation, Labour Section no 11150/2010)

The Court of Cassation confirmed and specified the principles outlined by case-law on injuries so called “in itinere”.

26 May 2010 • Insights

Unlawful temporary lay-off without the previous communication to the trade unions (Court of cassation, labour section, n. 11254/2010)

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce.

26 May 2010 • Insights

MINISTRY OF LABOUR: REFERENCES CONCERNING THE REGULATION OF THE BUSINESS TRIPS

Recently, the Ministry of Labour specified the kind of the employees’ allowance in case of business trips and its regulation, with reference to the computation of the hours’ travel.

26 May 2010 • Insights

THE MINISTRIES’ COUNCIL HAS APPROVED A FINANCIAL MANOEUVRING WITH CUTS OF ABOUT 24 THOUSAND MILLIONS EUROS

On 25th May 2010, the Ministries’ Council has approved the financial decree concerning the years 2011-2013.

26 May 2010 • Insights

LABOUR ATTACHMENT: EXAMINATION OF THE AMENDMENTS

Here are some of the main labour law amendments of the so called "Work related act" (presented by the chairman Maurizio Castro, PDL party) that may be examined by the Labour Commission of the Senate:

7 April 2010 • Insights

Dismissal and failed challenge within the terms: the Court of Cassation changes its orientation (Court of Cassation, Labour Section, no. 2676/2010)

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

7 April 2010 • Insights

Fixed term “sliding” contract (Court of Cassation, Labour Section, no. 23761/2009)

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....