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.
In Judgment no. 1712/2017, the Milan Court of Appeal has dealt with the issue of the omission by the employer of the annual objectives linked to the payment of a bonus. In this case, in the Court’s opinion, the employee claiming payment of the bonus is encumbered with the burden of “… producing and proving ....
With judgement of the Court of Cassation No. 1574 dated January 23 2018, the liability according to article 2049 of the Civil Code regarding accidents in the workplace has been confirmed to fall on the transferee company with consequent reimbursement of damages, given that it is the entity that undertook direction and control of the ....
On 29 December 2017 the so-called Whistleblowing law has entered into force and it has been published on the Official Gazette No. 179 dated 14 December 2017 after having been approved on 30 November. The law, which comprises only three articles, has the specific goal of introducing protection measures in our legislation, for employees (public ....
Alberto De Luca will participate to the convention “Individual and collective dismissals” to discuss in more details the consensual resolution and resignation. Click here for all details.
The Court of Cassation, with judgement No. 29753/2017, ruled on the lawfulness of a dismissal issued by e-mail. In particular, the Court, through a literal interpretation of the provision referred to in Law 604/66, wished to clarify that “the requirement of written notice of dismissal must be deemed fulfilled, in the absence of specific procedures, ....
The Court of Cassation, with judgement No. 331 published on 10 January 2018, ruled once again on the penalties related to a dismissal for just cause deemed unlawful. In the specific case, an employee had been dismissed due to a change of corporate organisation triggered by a prefectural disqualification order due to alleged mafia infiltrations. ....
The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....
The Court of Cassation, with judgement No. 836 dated 16 January 2018 overturned the judgement issued by the Court of the Appeals having local jurisdiction, which agreeing to the conclusions reached by the judge of first instance, had confirmed the unlawfulness of the dismissal ordered to an employee, who, by refusing to perform demoting tasks, ....
