The Court of Cassation, with judgement No. 7424 dated 26 March 2018 has once again dealt with the matter of immediacy of disciplinary dispute and the timeliness of the penalty then adopted. In this specific case, the employer had initiated against the employee disciplinary proceedings – which ended with a dismissal for just cause – only months after the occurrence of the alleged facts. The Court of Cassation, in reviewing the case, reiterated that the principle of immediacy must be understood in a relative sense, since in practical terms it must be compatible with a longer or shorter period of time, “when the verification and assessment of the facts calls for more time or when the complexity of the organisational structure of the company may delay the termination decision”. In addition, the Supreme Court reminded how the time frame between the facts and the dispute, for the purposes of assessing the immediacy of the dismissal, must start from the moment in which the employer has become aware of the disputed situation and not from the abstract perception or knowledge of the facts. Essentially, the concept of immediacy must be assessed in relation to the complexity of the employer’s corporate organisation.

De Luca & Partners, historical Milan-based labour and employment law firm, has launched the Excellence & Innovation HR Award, an award for human resources management, to celebrate its 40th anniversary.

“Technological evolution imposes market changes at a speed that was unimaginable just until a few years ago, involving multiple countries to varying degrees. In this scenario, the great challenge for those involved in law is to keep up with innovation and to think in line with the regulation that is at least European community-based “. Vittorio De Luca, Managing Partner of the law firm by the same name, comments in this manner on the judgement issued by the Turin Labour Court which, in recent weeks, has denied recognition of employee status to the riders of Foodora, a multinational company specialized in the home delivery of meals. “The debate is open and involves, on a global scale, not only the so-called ‘gig economy’ jobs, that is to say those services on call for jobs with companies such as Uber and Deliveroo, but all the new forms of flexible work,” states the Managing Partner of De Luca & Partners law firm, historical Milan-based labour and employment firm, which employees about 20 professionals and serves about 400 clients.

To celebrate its 40th anniversary, the professional association has decided to launch the Excellence & Innovation HR Award, an award for companies operating in Italy with the aim of promoting the best practices in the world of employment and management of human resources. “As business consultants, we are usually called to prevent, or where it is too late, to settle conflicts arising in the workplace,” says Vittorio De Luca. “For this reason, we felt the need to bring into the spotlight the most interesting stories that promote social cohesion in organisations and in doing so strengthen their competitiveness, so that good practices can spread on a large scale”.

Read here the interview to Vittorio De Luca published on Affari & Finanza where, speaking of gig economy, work flexibility and innovation, he launched the 2018 edition of the Excellence & Innovation HR Award.

The Excellence & Innovation HR Award is a recognition for the company that will show to have the best policy or Best Practice in the world of work and in the management of human resources in Italy.

The award is an initiative of De Luca & Partners, with the goal of stimulating the discussion on what initiatives lead to the best practices in the world of work and the jury will also include Mr. Alessandro Zollo, CEO of Great Place to Work® Italia.

Candidacies, which must be submitted no later than 31 July 2018 following the instructions detailed on the official HR Award site, will be assessed according to a series of criteria:

• the ability to promote competitiveness and productivity;

• the ability to promote social cohesion and resolve conflicts;

• the ability to pursue the development and wellbeing of the individual;

• wide vision and capacity;

• inclusivity.

The short-list of finalists will be announced by 30 November 2018 and the award ceremony will take place in December through a dedicated event.

On 14 May, Attorney Alberto De Luca has taken part along with Gian Luca Petrelli from BeMyEye, to an interview organized by Le Fonti. Specialized in labour law, Attorney De Luca has highlighted the unique features of the new economic model which, for a few years, has been a significant game changer in the job industry: the gig economy. In particular, during the interview he focused his attention on the tools made available under the Italian legislation to face this new economic model, as well as on what could be the consequences in terms of employment and future opportunities, highlighting essentially a new way of looking at the relationship between employer and employee, no longer tied to pre-established structures Fordist-style but projected more towards a result oriented logic, where control of the entrepreneur over the work of the individual is increasingly less prominent.

Click here to see the interview.

Enrico De Luca will act as speaker at the conference “Smart Working: a growing reality?” organised by the Verona Bar Association on 25 May, 2018.

The event will include the participation of various experts from world of work, and among them attorney Enrico De Luca, who will explain more in depth the new smart working method.

In his speech, attorney De Luca will focus on the elements of interest related to the smart working, starting from an analysis of the relevant legislation up to the application procedures at the core of the Law No. 81/2017: from the formalisation of the internal regulations on the matter up to the recommendations regarding health and safety, a topic representing a subject of major interest in smart working.

Finally, the intervention will focus on the specific features of smart working in terms of profitability and efficiency, representing, certainly, a desirable tool for companies.