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

25 September 2018 • Insights

Correctness and good faith: the criteria to draw a distinction in the event of dismissal for cancellation of the job position

The Court of Cassation, with judgement no. 21438 dated 30 August 2018, ruled again on the subject matter of dismissal for cancellation of the job position. More specifically, a worker – among other things – had filed an opposition against the dismissal imposed on him, seeking annulment thereof, as he considered it retaliatory, and consequently, ....

17 September 2018 • Insights

Dismissal after expiry of the term set out in the National Collective Bargaining Agreement implies reinstatement (Il Quotidiano del Lavoro of Il Sole 24 Ore, 17 September 2018 – Alberto De Luca, Lucio Portaro)

With its judgment no. 21569 of 3 September 2018, the Court of Cassation ruled on the consequences of disciplinary dismissal after expiry of the term set out in the Collective Bargaining Agreement. The ruling originated from the appeal brought by a worker against his dismissal enforced after expiry of the term of 10 days set ....

12 September 2018 • News

“Flexible contracts put to the test by the Dignity Act” Conference – Convenia, Milan (2 October 2018) and Rome (9 October 2018)

Alberto De Luca will be the speaker at the “Flexible contracts put to the test by the Dignity Act” conference organized by Convenia in Milan on 2 October and in Rome on 9 October.   Place: The event will take place in Milan at the NH Machiavelli Hotel, Via Lazzaretto 5, and in Rome at ....

3 September 2018 • News

HR Breakfast “On 7 August 2018, the Dignity Decree has been converted into law with amendments: what changes for businesses” – 13 September 2018

Alberto De Luca and Valentino Biasi will be speakers to the next HR Breakfast organized by De Luca & Partners on 13 September. The Dignity Degree has been converted into law: all the news affecting businesses The Senate, in yesterday’s session, has approved, converting it into law, Law Decree No. 87 regarding “Urgent Provisions for ....

30 August 2018 • Insights

The employer is not required to inform the employee of the approaching end of the “protected period” (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 August 2018 – Alberto De Luca, Lucio Portaro)

Con sentenza 17 agosto 2018, n. 20761, la Corte di cassazione, Sezione Lavoro, è tornata ad occuparsi del licenziamento per superamento del periodo di comporto, confermando il proprio orientamento sui potenziali vizi formali che potrebbero inficiarne la validità. Nello specifico – tra le ragioni del ricorso – il lavoratore aveva denunciato la falsa applicazione delle ....

30 August 2018 • Insights

Demotion, automatic compensation for damages and burden of proof (Guida al Lavoro de Il Sole 24 Ore, 31 August 2018 – Enrico De Luca, Elena Cannone e Antonella Iacobellis)

The Court of Cassation with judgement No. 17978 dated 9 July 2018 established that:  – recognition of compensation for non-material damages is not automatic in the case of a “demotion” if it is not adequately proven;  – when the employee alleges a demotion associated to a breach by the employer to meet the obligation established ....

29 August 2018 • Insights

DID YOU KNOW THAT… The Dignity Decree has modified the rules on fixed term contracts and staff-leasing?

Official Gazette No. 186 dated 11 August 2018 has published the conversion law (Law No. 96) of Law Decree 87 (the so called Dignity Decree), entered into force on 14 July. Major changes have been applied to the fixed term contract. In particular, a fixed term contract can be entered into without reason for 12 ....

29 August 2018 • Insights

A draft of the Law Decree for the standardisation of the Privacy Code with the GDPR has been approved

On 8 August, a final version of the draft related to the Law Decree “standardising” the Privacy Code (Legislative Decree 196/03) with the European Regulation 679/2016 on the matter of personal data protection (GDPR) has been approved. More specifically, the Decree establishes that the rights of the interested party may be limited or excluded whenever ....