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.
In circular no. 6/2022, the Ministry of Labour, provided some guidelines on the changes made by Decree Law. no. 4 of 27 January 2022 ( Decreto Sostegni ter [Support Decree ter]), to access wage subsidies for workers during the employment relationship. The Ministry clarified that companies applying for the redundancy fund for business termination who ....
In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....
Enrico De Luca and Valentino Biasi will be speakers in the “Contracts for hiring and applicable benefits” webinar organised by Assolombarda on 7 April at 10 am. The speakers will provide an overview of the main types of employment contracts, tax benefits and financial incentives linked to new hires. Focus The meeting analyses the different ....
In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....
In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have been charged to allow them to exercise their defence rights. It does not contain evidence, especially when it comes to facts beyond the employer’s direct knowledge which ....
With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship termination by waiving or settling. Facts of the case The facts of the case originate from the decision of the relevant local court, which was upheld on ....
With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those underlying the collective dismissal previously initiated, is null and void because it involves fraudulent conduct. Facts of the case An employee who was dismissed for justified objective ....
On 17 March, the Council of Ministers approved a new Decree Law on “Urgent measures to counter the spread of the COVID-19 epidemic, following the end of the state of emergency.” The Decree Law was published in the Official Gazette on 24 March (Decree Law no. 24/2022). The state of emergency ended on 31 March, ....
