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

15 février 2010 • Insights

The equality between women and men: stronger sanctions

On 20th February next, it will come in to force the rules contained in the Legislative Decree no. 5/2010 implementing the EU Directive no. 54/2006 concerning equal of opportunities and treatment between women and men at work.

18 janvier 2010 • Insights

Health certificates are challengeable (Court of Milan, October 2009 judgment)

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.

18 janvier 2010 • Insights

The employer also pays if the accident depends on the employee’s imprudence (Court of Cassation, Labour Division, Judgment No. 21220 of 5 October 2009)

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence.

18 janvier 2010 • Insights

Dismissal, unfitness does not lead to withdrawal (Court of Cassation, Labour Division, Judgment No. 21710 of 13 October 2009)

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the ....

18 janvier 2010 • Insights

Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.

18 janvier 2010 • Insights

2010 FINANCE ACT APPROVED

The Finance Act for 2010 has been finally approved. The so-called ‘Welfare Package’ has brought about many changes.

18 janvier 2010 • Insights

Disciplinary sanctions, immediateness linked to the structure (Court of Cassation, Labour Division, Judgment No. 21221 of 5 October 2009)

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....

18 janvier 2010 • Insights

PARLIAMENT: THE MINISTRY FOR HEALTH RESURGES

By way of approval of Italian Law No. 172 dated 13 November 2009, the so-called Health ‘unpacking’ from the Employment Ministry has been foreseen.