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.
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.
Employers may use data concerning their employees that are found on social networks. This has been established by the Privacy Authority and the judiciary.
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.
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.
In Judgment No. 46820, entered last 12 November, the Court of Cassation held that obligations of supervision and control imposed on employers are not diminished with the appointment of a health and safety officer (Rssp), whose role is to provide direct assistance in support of, and not in substitution of, the employer in identifying risk factors.
On 6 November 2014, the Chamber of Deputies gave final approval to the bill (S. 1612) to convert Decree Law No. 132/2014, which is aimed at improving the overall efficiency of civil lawsuits. Below is a summary of the main revisions.
In a ruling of 27 October 2014, the Court of Rome affirmed that the obligation to give a second change to employees dismissed for objectively justified reasons is not breached in the case of a temporary hiring one month before dismissal.
In Judgment No. 23381, entered on 3 November 2014, the Court of Cassation held that it is permissible to provide for a new probation period under a second employment contract concluded between the same parties for the same job, where the called-for probation is designed to meet the needs of a more complete evaluation about the employee’s personal and not just professional aptitudes in relation to the definitive nature of the responsibilities assigned to him.
