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

27 June 2017 • Insights

Grouping of companies in the case of fraudulent splitting

The Court of Cassation, with judgement No. 14175/2017, stated once again that, for the purpose of calculating the employment demand and verifying the company’s reasons for dismissal, a single centre of interest to which the employment relationship must be addressed applies only in the case of fraudulent splitting demonstrated in the context of different companies ....

27 June 2017 • Insights

Verbal justifications must always be assessed

The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No. 300/1970, an oral hearing requested by the worker constitutes a prerequisite of his/her right of defence. The Court of Cassation has also clarified that this “unfailing procedural ....

27 June 2017 • Insights

Dismissal of an employee who abuses of the internet is lawful

The Court of Cassation, with judgement No. 14862 dated 15 June 2017, declared lawful the disciplinary dismissal (while confirming the conversion performed by the court of appeal from dismissal for just cause to dismissal for a justified subjective reason) ordered to an employee who used the corporate Internet connection for personal purposes in a systematic ....

27 June 2017 • Insights

DID YOU KNOW THAT… remote working is now operative?

From 14 June 2017, remote working has become officially operative, as “a way of implementing an employment relationship” carried out in part at the premises of the company and partly at a different location, without a fixed workplace, but within a maximum duration limit of the daily and weekly work hours established by law and the ....

27 June 2017 • Insights

Co.co.co. (contract for continuative and coordinated services): Clarification of Law No. 81/2017

Article 15, paragraph 1, letter a) of the Law No. 81 dated 22 May 2017(the so-called Jobs Act of Self-Employed Individuals), published in the Official Gazette on 13 June 2017 and entered into force on 14 June, in discussing the contract for continuative and coordinated services, introduced, leaving unchanged what was established in Legislative Decree ....

22 June 2017 • News

The new Public Tenders Code – Civil, Administrative and Criminal Profiles of the Subcontract – Confindustria Firenze (27 June 2017)

Il subappalto nel nuovo codice dei contratti pubblici: un convegno in Confindustria Firenze, il prossimo 27 giugno, ne affronterà i profili civilistici, amministrativi e penali. Nella sua relazione, Alberto De Luca farà una disamina degli aspetti giuslavoristici...

21 June 2017 • Insights

Illicit use of the corporate phone legitimises dismissal for just cause (Il Sole 24 Ore – Il Quotidiano del Lavoro, 21 June 2017 – Vittorio De Luca, Elena Cannone)

La sezione lavoro della Corte di cassazione, con la sentenza n. 4262 del 17 febbraio 2017, ha affrontato il tema della legittimità del...

20 June 2017 • Insights

Lawful dismissal of negligent workers with performance lower than their peers (Il Quotidiano del Lavoro, 20 June 2017 – Alberto De Luca, Luciano Vella)

Con ordinanza 1889/2017 del 5 giugno 2017 il Tribunale di Pisa si è pronunciato su un caso di licenziamento per scarso rendimento, individuandone interessanti profili di legittimità...