News & Insights

Research, training and international collaborations

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.

ALL NEWS AND INSIGHTS

25 July 2019 • Insights

Dismissal due to the abusive use of 104 permits and investigations (Il Quotidiano del Lavoro de Il Sole 24 Ore, 25 July 2019 – Alberto De Luca, Debhora Scarano)

The Court of Cassation, by Ruling no. 18411 dated 9 July 2019, returned to analysing the delicate issue relating to the breach of the relationship of trust, following the abuse by the worker of the permits provided for by Law no. 104/1992. The case originates from the dismissal for just cause inflicted upon an employee ....

18 July 2019 • Insights

Resignation cancelled, salary arrears due from the submission of the application (Il Quotidiano del Lavoro de Il Sole 24 Ore, 17 July 2019 – Alberto De Luca, Antonella Iacobellis)

The Court of Cassation, with judgment 16998 on 25 June 2019, returned to analyse the judgment annulling the resignation in regards the salary arrears accrued in the period between the resignation annulment and the judgment itself. The case originates from legal proceedings to cancel a resignation brought about by a worker who claimed to have ....

9 July 2019 • News

“ESG human capital and the role of HR” Conference – ESG Governance LAB, EticaNews (18 July 2019)

Vittorio De Luca will be the presenter at the next workshop “ESG human capital and the role of HR” organised by ESG Governance LAB and EticaNews.   FOCUS:   How many key men within a company are prepared to take a leap of faith on ESG? What are the criteria that come into play in ....

8 July 2019 • Insights

Organisational Model: necessary risk analysis (Newsletter Norme & Tributi n. 134 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Criminal Division of the Court of Cassation, by judgment 18842/2019, referring to the case law of the Joint Divisions, has again ruled on the subject of administrative liability of entities. Specifically, the Court of Cassation has affirmed that it is the responsibility of the entity – once it has ascertained that certain offences have ....

28 June 2019 • Insights

Thresholds for the obligation to appoint auditors and statutory auditors have been raised

In the Official Gazette of 17 June 2019, the 55/2019 law was published converting Decree 31/2019 (c.d. Decree “Reopening Construction Sites”), which amended art. 2477 of the Italian Civil Code, already amended by art. 379 of the Corporate Code (Legislative Decree no. 14/2019). In so doing, thresholds for the obligation to appoint statutory auditors and ....

26 June 2019 • Insights

Circular INPS 63/2019: clarifications and instructions on annual contribution ceiling

The INPS, with circular 63 of 9 May 2019, provided: clarifications on payment of contributions for salaries exceeding the annual maximum for contributions and base pensions, as well as on the limitation period for reimbursement claims; operating instructions on the recovery of undue contribution, not prescribed, and on the management in the Uniemens flow of ....

25 June 2019 • Insights

Collective redundancies reveal percentage of female workers

The Supreme Court of Cassation, with order no. 14254 of 24 May 2019, stated that, in the context of a collective dismissal due to staff cuts, in order to avoid indirect discrimination, the percentage of women dismissed should not be greater than that of the entire female work force in relation to the jobs being ....

25 June 2019 • Insights

Just cause and circumstances used by collective agreement

The Supreme Court of Cassation, Work Section, with sentence 13534 of 20 May 2019, declared a dismissal for just cause of an employee who had reacted to being slapped by a colleague, to be lawful. Facts and previous judgments A sales employee, reacting to being slapped in the face by a colleague became involved in ....