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

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’…

Insights

SAFETY AT WORK: EFFECTIVE AS OF 20 AUGUST 2009 CORRECTING THE CONSOLIDATED ACT

Legislative Decree no. 106/09 became effective on 20 August, it integrates and corrects the Consolidated Act on safety at work (Legislative Decree no. 81/08). The most significant new…

Insights

The contracting party is obligated by occupational safety (Court of Cassation, Penal Sec., Decision no. 28197 of 9 July 2009)

The 4th Penal Section of the Cassation Court has established that the “contractor” employer shall be liable for accidents of its employees if it has not informed them…

Insights

Onus to prove mobbing (Cassation Court, Labour Sec., Decision no. 3785 of 17 February 2009)

The Court of Cassation has stated that mobbing is considered “conduct by a supervisor which is systematic and lasts over time which entails repeated hostile behaviour within the…

Insights

Proof required for partner employee (Court of Cassation, Labour Sec., Decision no. 7260 of 25 March 2009)

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied…

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…

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. In this case,…

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…

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