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 Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat Covid 19 – Decree Law no. 18/2020 and Decree Law no. 104/2020 – Dismissal prohibition for objective justified reason – Manager – Dismissal for position redundancy – ....
The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected procedure”, under Art. 2113, fourth paragraph of the Italian Civil Code. The Reform of the Civil Process, (Legislative Decree 10 October 2022, no. 149 of 10 October ....
In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on monitoring carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. This case involved a worker dismissed because he was accused of leaving the workplace repeatedly during working hours, for activities ....
By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....
In its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract term’s ineffectiveness was confirmed, is treated as transferred ex lege to the transferee. Facts of the case The case concerns the effectiveness of a business transfer for ....
On 23 September, Decree Law 144/2022 ( Aiuti-ter (Aid ter) decree) was published on the Official Gazette. The Decree introduced significant changes which benefit workers and established new and different allowances for employees, self-employed workers and other categories. This is additional to the provisions of the Aiuti (Aid) decree (Decree Law 50/2022) and modifies the ....
In addition to information already provided by the National Labour Inspectorate (circular no. 4 of 10 August 2022), the Ministry of Labour, with this circular, outlined the application of the new information requirements introduced by Legislative Decree no. 104 of 27 June 2022 “Transparency Decree”). As already noted in National Labour Inspectorate Circular no. 4/2022, ....
Legislative Decree no. 149, of 10 October 2022, by inserting Article 2-ter to the Decree Law no. 132, of 12 September 2014, introduced assisted negotiation in labour disputes under Art. 409 of the Code of Civil Procedure. The provision allows the parties (employer/client and employee) to resort to assisted negotiation, with the help of a ....
