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

29 May 2019 • Insights

DID YOU KNOW THAT… Employees can transfer rest and holidays free of charge to colleagues

With a view to ensuring adequate support for parental care, through measures aimed at promoting opportunities to reconcile work and personal life, Article 24 of Legislative Decree no. 151/2015 regulates the institution of holidays/retirement jointly. Specifically, it provides for the possibility for all workers to transfer free of charge to their colleagues their rest days ....

29 May 2019 • Insights

Remote work: silence does not apply to administrative authorisation – consent

  The National Council of Labour Consultants has submitted an application to the Ministry of Labour for its opinion on the configurability of the silence of consent with regard to the request for authorization to install audiovisual equipment and instruments pursuant to art. 4 of Law 300/1970. This considering the provisions of Law 241/1990 whereby ....

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 ....

29 May 2019 • Insights

Protection of reinstatement if the event which actually occurred lacks any disciplinary bearing

The Court of Cassation, by judgment no. 12174 dated 8 May 2019, ruled on art. 3, paragraph 2, of the Legislative Decree. 23/2015 stating, “the non-existence of the disputed material fact toward the worker, with respect to whom any assessment regarding the disproportion of the dismissal remains extraneous, includes not only the cases in which ....

29 May 2019 • Insights

The employer may unilaterally revoke use of the vehicle granted to the employee

The Court of Cassation, by order 11538 of 2 May 2019, stated that the employer may unilaterally revoke the vehicle assigned to the employee against payment, at any time, without notice and without the employee being entitled to any compensation or replacement compensation. The facts An employee asked the Labour Court Judge to order his ....

23 May 2019 • Insights

Rito Fornero, the Supreme Court intervenes on the scope of the opposition phase (Il Quotidiano del Lavoro de Il Sole 24 Ore, 23 maggio 2019 – Enrico De Luca, Antonella Iacobellis)

On 15 May 2019, by order no. 13025, The Supreme Court returned to deal with the right of the judgment of first instance established pursuant to Article 1 (51) Law no. 92/2012 (“Fornero’s Law”) to be recognized in the second phase (so-called opposition phase). The Court of Cassation has observed that the opposition phase must ....

10 May 2019 • Insights

Labour law is linked to ESG (ESG governance LAB newsletter – ETicaNews, May 2019 – Vittorio De Luca, Elena Cannone)

The sustainable approach to investments is increasingly the benchmark for virtuous entrepreneurs, who place sustainability issues at the center of their entrepreneurial decisions. This is also increasingly the case in relation to the management of their own staff. An indication of this has also come from the Excellence & Innovation HR Award, the prize for ....

9 May 2019 • Insights

Conflictual relationships originating from the employer do not constitute mobbing

With order no. 10043 of 10 April 2019, the Italian Court of Cassation again ruled on the requirements that need to be met for a series of actions taken by an employer to constitute mobbing, in the case reported by a manager who had declared himself to have been the victim of behaviour presented as ....