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 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 ....

25 June 2019 • Insights

Legitimate dismissal of employee who reveals confidential company information on Facebook

The Court of Bari, with judgment 2636 of June 10, 2019, found the just cause dismissal lawful of a worker for having posted via his Facebook profile – installed unduly on the company device – messages revealing business secrets to competitors. Facts of the case A worker, sixth level business secretary under the National Collective ....

21 June 2019 • News

“Pensions 2019: how to find your way around the labyrinth of new options” Conference – Convenia, Milan (18 July 2019)

Alberto De Luca will be the presenter at “Pensions 2019: how to find your way around the labyrinth of new options” Conference organised by Convenia on 18 July in Milano.   LOCATION & TIMES   Milan – Thursday 18 July 2019 (9.00 – 13.30)   FOCUS   During his talk, Alberto De Luca will examine ....

7 June 2019 • Insights

Dismissal is not always legitimate in the cases provided for by the National Collective Labour Agreement (Il Quotidiano del Lavoro de Il Sole 24 Ore, 7 June 2019 – Alberto De Luca, Raffaele Di Vuolo)

The Court of Cassation, with judgement 14063 of 23 May 2019, returned to rule on the principle of proportionality between the expulsive sanction and the non-fulfilment, specifying that the judge cannot be exempt from the concrete assessment of proportionality between the fact disputed and the sanction adopted, even if the conduct is indicated in the ....

31 May 2019 • Insights

Fraudulent supply of labour and its impact on models 231 (Newsletter Norme & Tributi n. 133 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

With the law 96/18 the offence of fraudulent supply of labour has been introduced. This offence is committed when there is a supply activity carried out with the specific purpose of circumventing mandatory rules of law or collective agreement applied to employees. The offence in question is punished with a fine of €20 for each ....

31 May 2019 • News

ESG Business Conference – EticaNews (13 June 2019)

Vittorio De Luca will be speaker at the next ESG Business Conference organised by EticaNews where companies and experts will discuss the governance of sustainability on 13 June in Milan.   LOCATION AND TIMES The event will take place from 9.00 to 17.00 at Palazzo Giureconsulti in Piazza Mercanti, 2 in Milan.   FOCUS Vittorio ....

30 May 2019 • Insights

How do the growing safeguards change after the ruling of the Constitutional Court (Il Giornale di Vicenza – Idea Impresa, 30 May 2019 – Vittorio De Luca, Stefania Raviele)

As of 14 November 2018, the scenario of possible consequences in the event of unlawful dismissal of an employee hired in the era of the Jobs Act has radically changed. On that date, in fact, the reasons were published in the Official Gazette for ruling no. 194/2018, with which the Constitutional Court declared the constitutional ....

29 May 2019 • Insights

Co.co.co.: collective agreement excludes the protection of employment

The Court of Rome, Labour Section, by ruling of 6 May 2019, has discussed hetero-organized contracts of collaboration, developing further the direction of the jurisprudence that arose in relation to art. 2 of Legislative Decree. 81/2015 on the occasion of the so-called ” Foodora case”. The facts The dispute in question concerned the collaboration between ....