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.
The Court of Milan has established that the termination of a coordinated, ongoing project-based contract is valid when the project in question has been completed, and that any claim to extend the self-employment contract due to maternity, for a period beyond the project completion date is without grounds.
By sentence under art. 669-sexies of the Italian Code of Civil Procedure, confirmed by the Court at appeal stage on 31 March 2009, the Court of Trento has ordered an employee to disclose to the employer the access password to folders on his PC and to areas of the company server to which he has reserved access, on the grounds that use of the instruments was for professional purposes only.
The Court of Cassation has established that dismissal of an employee for unjustified absence is lawful where the employee fails to take up service at the workplace to which he has agreed to be transferred.
The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific interest of the employer is necessary in order to qualify the secondment as an organisational action by the seconding company, therefore resulting in a mere amendment to the modalities in which the work performance is given, and that the move is essentially temporary.
The Court of Cassation has clarified that the dismissal of an employee in a department other than that subject to company reorganisation is fair.
Vittorio De Luca and Giulia Ambrosino were speakers on 12 June at the workshop “The economic crisis scenarios” organised by Scuola di Alta Formazione dell’Ordine Dottori Commercialisti.
