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.
The Labour Division of the Supreme Court of Cassation, with ruling no. 29377 dated 14 November 2018, deemed lawful, within the context of a collective dismissal – because of its objective nature – the criterion of choice represented by meeting the requirements to access the pension. The Facts An employee brought his case ....
On 21 December 2018, the National Association for Labour Agencies (Assolavoro) and the industry unions (Felsa, CISL, Nidil, CIGL, UIL Temp) signed a draft for the renewal of the national collective bargaining agreement for the Staff Leasing Agencies Sector (the “Draft”) Let’s review some of the main new developments. Provisions to favour the occupational continuity ....
On 16 November 2018, the European Data Protection Board (“EDPB”) – the EU body that replaced the previous so-called WP29, in charge of the consistent application of the Regulation 2016/679/EU (“GDPR” or “Regulation”) and consisting of the person in charge of each data protection authority and the European Data Protection Authority – adopted a new ....
A worker was dismissed also on the basis of previous disciplinary offences. Nevertheless, the previous examples were not included in the employer’s disciplinary notice with a view to substantiating the existence of repeated misconduct, but were merely referred to in the notice of dismissal to provide support regarding the harm caused to their relationship of ....
Using a peculiar argument, the Court of Cassation, with judgment no. 31763 of 7 December 2018 ruled on the possibility to consider the inconvenience caused by continuous and repeated sick leaves as grounds for dismissal for a justified objective reason. The case at hand revolves around the dismissal served on an employee who had been ....
A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for just cause. This is the principle of law confirmed on 3 December in the Court of Cassation judgement No. 31155/2018. The case analysed arose from the disciplinary ....
Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific offences (predicate offences) are committed – to its own advantage or in its interest – by top managers or their subordinates. However, the Decree includes an exonerating ....
Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....
