News & Insights

Recherche, formation et collaborations internationales

Le Centre d’étude de De Luca & Partners gère et coordonne les activités de recherche, de formation (interne et externe) et les activités éditoriales en matière de droit du travail, de protection des données personnelles et de responsabilité administrative des personnes morales.

De Luca & Partners investit en effet dans l’étude et la diffusion de sujets relevant de sa compétence et collabore à ce titre avec le journal italien Sole 24 Ore et avec les principales revues et publications spécialisées.

TOUTES LES NEWS ET INSIGHTS

11 décembre 2014 • Insights

CASSATION: CONFIDENTIAL DOCUMENTS MAY BE SUBMITTED IN COURT CASES (IL SOLE 24 ORE, 11 DECEMBER 2014, PAGE 47)

With its ruling no. 25682 of 28 October 2014, the Cassation Court established that it is illegal to dismiss a worker for having submitted company documents considered confidential during court proceedings undertaken by the employee to protect his job (in the case in hand, granting of a higher contractual level), since the right to defence is guaranteed by article 24 of the Constitution and has precedence over any company needs for confidentiality.

9 décembre 2014 • Insights

CASSATION COURT: INVESTIGATIONS AIMED AT PROTECTING COMPANY ASSETS ARE LEGAL (IL SOLE 24 ORE, 9 DECEMBER 2014, PAGE 42)

With ruling no. 25674 of 9 October 2014, filed on 4 December 2014, the Cassation Court once again intervened on the issue of control performed by employers using investigation agencies, confirming its legality when performed to protect company assets, as long as the investigation agency's control is limited "to illegal acts performed by employees not solely linked to mere failure to fulfil an obligation".

3 décembre 2014 • Insights

JOBS ACT: THE LABOUR LAW REFORM BECOMES LAW

The labour reform has become law and implementation decrees from the Government are expected which should be approved starting from mid December.

26 novembre 2014 • Insights

CHAMBER OF DEPUTIES APPROVES JOBS ACT (IL SOLE 24 ORE, 26 NOVEMBER 2014, P. 2)

The Chamber of Deputies has approved the Jobs Act. The bill is expected to receive final approval in early December.

25 novembre 2014 • Insights

MANAGERS INCLUDED IN COLLECTIVE REDUNDANCY PROCEDURE (IL SOLE 24 ORE, 25 NOVEMBER 2014, P. 49)

On 25 November 2014, art. 16 of Law 161/2014 entered into force. It brings Italian legislation into conformity with Directive 98/59/EC by including managers and their trade unions, which had previously been excluded, among the subjects to which the collective redundancy procedure applies in Italy as well.

24 novembre 2014 • Insights

PRIVACY: EMPLOYERS MAY USE WORKER DATA PUBLISHED ONLINE (IL SOLE 24 ORE, 24 NOVEMBER 2014, P. 39)

Employers may use data concerning their employees that are found on social networks. This has been established by the Privacy Authority and the judiciary.

21 novembre 2014 • Insights

STARTING JANUARY, NEW RULES CONCERNING REDUNDANCY SCHEME (IL SOLE 24 ORE, 21 NOVEMBER 2014, P. 51)

Starting 1 January 2015, the economic treatment that relates to persons who were dismissed as a result of a staff-reduction procedure and that is covered by the application of redundancy schemes will suffer a significant reduction.

13 novembre 2014 • Insights

Court of Cassation: Reinstatement of a dismissal voided for failure to observe the respite period (Il Sole 24 Ore, 19 November 2014, p. 45)

In Judgment No. 24525/2014, the Court of Cassation held that it is permissible to reinstate a dismissal voided for failure to observe the respite period by issuing a new act of dismissal based on the same conditions, where the employee gives notice of a new period of illness.