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 Court of Appeal in Milan, in its ruling No. 439/2016, confirmed the principle that e-mail messages exchanged among employees as part of a mailing list, constitute private correspondence and therefore fall into the category of protected communications of a personal nature. According to the Court, the personality of the communication “lies in the predetermination ....
The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of ....
The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....
On 23 July 2016 Community Law No. 122/2016 came into force containing new rules on the management of personnel in the event of succession of procurement. The legislation replaces Article 29, paragraph 3, of Legislative Decree No. 276/2003, which excludes the applicability of the rules of transfer of a company in cases of a contractor ....
The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....
On 22 July 2016 Legislative Decree No. 136 that has redefined cross-border postings has been given final approval. The Legislative Decree implementing Directive 2014/67/EU, addresses all cases of irregular posting, encouraging cooperation between States in determining the authenticity of the same. The regulations apply to companies within the EU that post one or more workers ....
The Ministry of Labour, with Memoranda Nos. 5199/2016 and 5755/2016, provided clarifications of interpretation on the filing process at the Territorial Directorate of Labour (DTL) of the minutes of conciliation in trade unions. The Ministry pointed out that in the event of conciliation reports filed in trade unions, the DTL must verify a) the authenticity ....
Enrico De Luca was a speaker at the conference on “Workplace inspections: defence tools for businesses” organised by Convenia on 6 October 2016 in Milan. The speech focused on major changes that the Jobs Act introduced also on workplace inspection regulations and defence mechanisms available to businesses for their protection. Click here for more information.
