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 Milan Court, Labour Section, with an order of 6 May 2014, ruled regarding litigation on appeal as per article 414 of the Italian Code of Civil Procedure concerning sentencing of the employer: a) to the consequences contained in article 18 of the Workers’ Statute for the adopted discriminatory dismissal; b) to pay the salary ....
Thanks to the approval of the implementing decree, these are the novelties introduced as of last June. The most important one regards the extension of parental leave up to 12 years of the child’s life (up to 6 to 30 percent of the salary). “The possibility of using leave by hours, instead of by day, ....
The Commission for requests on occupational safety, with note no. 4/2015, in responding to a question from the Associazione nazionale costruttori edili (Ance), clarified that (i) the risk assessment document must contain the accurate identification of all of the risks connected with the work to perform, not being able to refer to the job abstractly assigned to the worker and (ii) training must be considered an integral part of the work organisation, correlated with the risk assessment, and as a consequence must be periodically review in relation to changes in risks or manifestation of new risks. The above entails that the training given to a worker must be tailored to the specific activities that the worker is asked to perform, whose specific risks must be adequately covered.
The Government, with the aim of creating new employment opportunities for those excluded from the job market, introduced a new form of professional training apprentice contract with the new decree overhauling contractual types (Legislative Decree no. 81/2015). This type of apprenticeship is for those who receive unemployment benefits (Aspi, Naspi, agricultural and construction unemployment) or long-term unemployment.
Green light: on 13 July 2015, in record time, an agreement was signed to renew the National Labour Contract for bank managers, expiring on 31 December 2018.
With ruling no. 14310/2015, the Court of Cassation declared disciplinary dismissal for poor performance legitimate for an employee dismissed by a telephone service provider. The employee in question had reached income levels between October 2008 and March 2009 lower than the individual performance he had achieved in a previous period and that of his colleagues.
With its ruling no. 14233/2015, the Court of Cassation announced the principle according to which the employer is liable, even if it is not included in the contract, if he provides inexact information regarding the pension procedures for his employees who have asked for such information.
With its ruling no. 14251/2015, the Cassation Court declared dismissal for just cause legitimate in a case where a worker had violated the ban on introducing or drinking alcoholic beverages in the company, thus placing the safety of plants in jeopardy.
