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 National Labour Inspectorate (“INL“), with note 5398/2019provided its opinion regarding a hypothesis of transnational posting of workers, carried out by a company established in an EU country in favour of its own production unit located in Italy. Case in question The inspectors objected to a case of non-authentic posting, pursuant to Article 3, ....
The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week when there was a holiday celebrating a civil event. Facts of the case In this specific case, a company, faced with the refusal of one of ....
The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved will have to perform. This is because, for the purposes of integrating the case of illicit labour brokering, it is not sufficient either to provide an analytical ....
In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has declared that the employment relationships are terminated and sentenced the employer company to pay compensation pursuant to art. 3, paragraph 1, of Legislative Decree no. 23/2015. The ....
With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular, the jurisprudential findings on the matter have been underlined, according to which the principle of the immediacy of the challenge of the charge and that of the ....
The Court of Cassation, by Ruling no. 18411 dated 9 July 2019, returned to analysing the delicate issue relating to the breach of the relationship of trust, following the abuse by the worker of the permits provided for by Law no. 104/1992. The case originates from the dismissal for just cause inflicted upon an employee ....
The Court of Cassation, with judgment 16998 on 25 June 2019, returned to analyse the judgment annulling the resignation in regards the salary arrears accrued in the period between the resignation annulment and the judgment itself. The case originates from legal proceedings to cancel a resignation brought about by a worker who claimed to have ....
Vittorio De Luca will be the presenter at the next workshop “ESG human capital and the role of HR” organised by ESG Governance LAB and EticaNews. FOCUS: How many key men within a company are prepared to take a leap of faith on ESG? What are the criteria that come into play in ....
