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

18 January 2010 • Insights

The employer also pays if the accident depends on the employee’s imprudence (Court of Cassation, Labour Division, Judgment No. 21220 of 5 October 2009)

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence.

18 January 2010 • Insights

PARLIAMENT: THE MINISTRY FOR HEALTH RESURGES

By way of approval of Italian Law No. 172 dated 13 November 2009, the so-called Health ‘unpacking’ from the Employment Ministry has been foreseen.

18 January 2010 • Insights

Dismissal, unfitness does not lead to withdrawal (Court of Cassation, Labour Division, Judgment No. 21710 of 13 October 2009)

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the ....

18 January 2010 • Insights

CIRCULAR OF THE MINISTRY ON ‘PRELIMINARY MONOCRATIC SETTLEMENTS’

The Ministry for Welfare, by Circular No. 36/09, has drawn the attention of Local Labour Authorities to the privileging of the ‘preliminary monocratic settlement’ in their respective inspection activities, in view of the rapid resolution of employment disputes.

18 January 2010 • Insights

Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.

26 December 2009 • Insights

The 2010 finance act has been approved

The Senate voted for the approval of the finance act 2010. As to the labour aspects, about EUR 1,100 millions are set aside for the welfare, of which 860 to allow the social security benefits for production bonuses and incentives.  

24 December 2009 • Insights

Law no. 247/07: releifs for disabled people employment

Reliefs coming from the employment of disabled people are different depending to the subscription date of the agreement with the provincial district

4 November 2009 • Insights

Employment law: the conciliation doesn’t take off

The settlement before the commission established nearby the Provincial Labour Office, or nearby the unions, is a fast and cost-saving way to solve the employment law disputes, but in Italy this method hasn’t so far reduced the number of the courts’ employment claims.