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

30 June 2016 • Insights

Lawful dismissal for cause in the case of behaviours that, as a whole, are considered to imply a certain degree of seriousness

The Labour Division of Milan Court, declared that the dismissal for cause by one of our Client Company of a foundry worker is lawful (i) given that the worker challenged the instructions of the shift supervisor and plant manager, using offensive language; (ii) from a different and separate point of view, because it was later ....

30 June 2016 • Insights

Court of Cassation: no objective responsibility on injuries

With its judgement no. 12347 dated 15 June 2016, the Court of Cassation held that the civil responsibility of the employer as set forth by article 2087 of the Italian Civil Code may only be asserted if the injury is caused by breach of the behavioural obligations set forth by law or skills relevant to ....

30 June 2016 • Insights

The first corrective decree of the Jobs Act

On 11 June 2016, the Ministries’ Council preliminarily approved the first corrective decree of the Jobs Act, which contains a number of changes and revisions. On the question of “accessory” work, the Government states that employers who use this type of work service, must forward to the competent Labour Inspectorate of the territory, by text ....

30 June 2016 • Insights

Video surveillance: note of the Ministry of Labour no. 1241 dated 1 June 2016

Pursuant to note no. 1241 dated 1 June 2016, the Ministry of Labour stated that a video surveillance system cannot be installed prior to, or without, specific agreements with the workers trade unions or, failing this, an authorisation issued by the relevant Territorial Department of Labour. On one hand, the Ministry stated that violation exists ....

27 June 2016 • Insights, News

Company welfare “But the monetary limits remain too low (Corriere Economia, 27 June 2016)

The comment of Mr. Vittorio De Luca regarding company welfare was quoted in an article written in Corriere Economic on 27 June 2016. Everything seems ready for the start-up of a project to provide incentives for company welfare. Clarifications have arrived from the Ministry of Labour and the Italian Tax Authority for the provisions included ....

30 May 2016 • News

Conferences “Discrimination in the Jobs Act era” – Convenia, Milan (15 june 2016)

Alberto De Luca and Elena Cannone were speakers at the conference “Discrimination in the Jobs Act era” organised by Convenia in Milan on 15 June 2016. Click here to read more.

27 May 2016 • Insights

The employer’s power to control emails (Il Giornale di Vicenza – Idea Impresa, 25 May 2016 – Vittorio De Luca, Elena Cannone)

Il datore di lavoro, nell'ambito di un equo contemperamento tra il proprio interesse ad avere un'organizzazione efficiente e produttiva e l'interesse del lavoratore alla propria libertà...

27 May 2016 • Insights

Court of Cassation: dismissal and the evidence of the grounds

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal ....