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.
On 12 March 2016, the new procedure came into force governing online resignation and termination by agreement, introduced by the Jobs Act. However, there are certain critical aspects of the new procedure. Firstly, there is an initial doubt regarding the procedure’s application in the case of resignation during an employee’s trial period. On the one ....
With its judgment No. 4502 of 8 March 2016, the Court of Cassation declared it illegal to dismiss an employee on the grounds of that employee’s refusal to perform new duties in a different company unit, when the employee in question complains that he/she is physically unsuitable for such duties without, however, providing written evidence ....
With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers, and is only limited by the provisions governing the question of employee transfers. In the case in hand, the local Court of Appeal confirmed the court of ....
On 10 March 2016, the Chamber of Deputies approved Bill No. A.C. 2953-A empowering Government to carry out a broad reform of civil proceedings, with a view to specializing and simplifying legal procedures, that among other things introduces changes also to the procedure to be followed in cases of unlawful dismissal. The Bill abrogates all ....
Remote working will be officially recognized by Italian law once the Bill conveying “Measures for protecting non-entrepreneurial self-employment and measures designed to facilitate flexible working in terms of hours and place of employment”, currently being examined by the Senate Labour Commission, has gone through Parliament. The Bill in question does not aim to introduce a ....
With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed at the gradual personal and professional demolition of the employee in question. The employer must safeguard the physical well-being and moral character of employees. In this sense, ....
By replying to questioning No. 7/2016 raised by Confindustria, the Ministry of Labour provides clarification on the right to priority and on contributory exemption. In particular, the Ministry of Labour was requested whether the employer may benefit from the contributory exemption under article 1, paragraph 118, of Law No. 190/2014, for the purposes of hiring ....
On 28 January 2016, the Council of Ministers passed, amongst others, the bill conveying measures for protecting non-entrepreneurial self-employment. The regulation at issue must follow the procedure to enact a bill, in order for it to enter into force. Such regulation was announced as the professional Self-employment’s statute, since it is the first unitary text ....
