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

29 November 2017 • Insights

DO YOU KNOW THAT… whistleblowing has been regulated by law?

The House Assembly, on 15 November 2017, approved a bill that includes rules for the protection of employees or contractors who disclose illegal actions of which they become aware during the work relationship (the so-called whistleblowing). In the specific case, the whistleblowing employee cannot be punished, dismissed, demoted or subjected to any other retaliatory or ....

29 November 2017 • Insights

Dismissal is unlawful if subcontracting takes place after two years

The Court of Cassation, with judgement No. 25649 dated 27 October 2017, ruled as unlawful, persecutory and abusive, the dismissal ordered to an employee “for organisational reasons”, due to the decision to subcontract out the IT system that the employee was in charge of handling. The employee, in bringing to court the dismissal, proved that ....

29 November 2017 • Insights

An employer can monitor its employee’s corporate email account

The Court of Cassation, with judgement 26682/2017, ruled as lawful the disciplinary dismissal ordered to an employee who accused of ineptitude and incompetence employees and top management of the company using offending words in several messages sent through his corporate email account. In the specific case, the employee, in bringing to Court the employer’s dismissal, ....

29 November 2017 • Insights

Imposing the use of vacation leave may be lawful

The Court of Cassation, with judgement No. 27206/2017, has declared lawful the decision of a local health unit (ASL) to impose to one of its managers, close to retirement due to reaching the pensionable age, the use of vacation leave and non-used paid leaves, as established by the contractual obligations, also in order to prevent ....

13 November 2017 • Insights, News

“Job positions, cuts to contributions are needed” (L’Economia – Il Corriere della Sera, 13 November 2017 – Vittorio De Luca)

The Jobs Act, with the measures it is composed of, including the one related to increased protection based on seniority of 2015 has further reduced the application field of real job protection and has included a compensation system which, at least in the intentions of the law, is certain and not discretionary”, confirmed Vittorio De ....

8 November 2017 • Insights

The characteristics of the 231 Organisation and Management Models in a recent judgement of the Court of Cassation (Newsletter Norme & Tributi n. 118 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

“The Jobs Act, and the different provisions that it comprises, including those relating to the progressive entitlements introduced in 2015, has reduced further the scope of application of the actual job guarantee and has set out a compensatory system that, at least in the intention of the law-maker, is certain and not discretionary” said Lawyer ....

31 October 2017 • Insights

Disciplinary proceedings: The employer is not obligated to submit corporate documentation.

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....