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 Cassation, in its judgement 21628/2019, stated that extending the lunch break beyond the time allowed and not having completed the work is more serious than absence from work. The facts A postman was fired for “having been remained on two occasions with others well beyond the anticipated lunch period, while leaving the ....
The Court of Cassation reiterated that the judge’s review cannot also concern the merits of the employer’s management choices, and a minimum reduction in revenue, if objectively linked to the expulsion measure, can be considered suitable to justify dismissal. The background that the Court of Justice, with its judgement of 18 July 2019, No 19302, ....
The National Labour Inspectorate (“INL“), with note 5398/2019provided its opinion regarding a hypothesis of transnational posting of workers, carried out by a company established in an EU country in favour of its own production unit located in Italy. Case in question The inspectors objected to a case of non-authentic posting, pursuant to Article 3, ....
In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....
The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event. Facts of the case In this specific case, a company, faced with the refusal of one of ....
The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved will have to perform. This is because, for the purposes of integrating the case of illicit labour brokering, it is not sufficient either to provide an analytical ....
With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular, the jurisprudential findings on the matter have been underlined, according to which the principle of the immediacy of the challenge of the charge and that of the ....
Law 58/2019 was published in the Official Journal 152 of 1 July 2019 containing the “Conversion into law, with modifications, of Decree Law no. 34 of 30 April 2019 (Editor’s Note so-called Growth Decree), containing urgent measures for economic growth and the resolution of specific crisis situations”. There are various innovations relating to labour and ....
