“The idea of creating the Excellence & Innovation HR Award was born on occasion of the celebration of the 40th anniversary of the Firm and by a consideration on the values that have always inspired its operation since the day it was established in 1976 by Vincenzo De Luca, the current Chairman. Our wish is to convey these values by promoting – through the Award – a reflection on the inspirational principles of the best projects implemented with or for the benefit of the best human resources, rewarding excellence that is truly capable of giving a boost to the business, improving competitiveness, productivity and more in general the wellbeing and the economy of our Country, with the belief that there cannot be genuine and healthy development without inclusivity and without pursuing also the wellbeing of people. We look forward to receiving candidacies of significance, fully aware that in Italy there is a lot more attention to human resources than one would think and that companies are capable of carrying out major projects in terms of abilities and vision whether they are small or large businesses, giving proof of their skills to innovate and improve business competitiveness while giving value to individuals. With the Award, we wish to give visibility to this excellence and this innovation, offering to all the professionals in the sector a reflection and training contribution. For more information on the Award, please visit its dedicated webpage.”

Vittorio De Luca, Managing Partner De Luca & Partners

Con la sentenza n. 7581 del 27 marzo 2018, la Corte di cassazione è tornata ad occuparsi della discussa questione del cd. diritto di accesso agli atti nell’ambito di un procedimento disciplinare. Nel caso di specie, i giudici di merito avevano ritenuto illegittimo il licenziamento intimato ad un dipendente per aver svolto altra attività lavorativa, in più giornate in cui risultava assente per malattia oppure presente in servizio. Alla base della propria impugnazione il lavoratore poneva il diniego da parte del datore di lavoro alle richieste, formulate per iscritto ed oralmente, di poter prendere visione dei documenti posti a base dell’addebito, necessari per il corretto esercizio del proprio diritto di difesa, essendo i fatti contestati risalenti del tempo e relativi a condotte sporadiche. La Corte ha osservato che – seppure l’art. 7 della Legge n. 300/1970 non preveda il diritto di accesso agli atti/documenti in via generale – quando l’accesso agli atti/documenti, posti a fondamento della contestazione disciplinare, risulti espressione del più ampio diritto di difesa, deve assolutamente essere garantito, a pena di nullità del procedimento e del relativo provvedimento disciplinare. L’orientamento espresso risulta pienamente conforme al principio per cui non deve limitarsi il diritto di difesa del lavoratore nel contesto di un procedimento disciplinare, pena la illegittimità del licenziamento all’esito eventualmente intimato.

Clicca qui per leggere la versione integrale dell’articolo pubblicato su Il Quotidiano del Lavoro.

A significant reduction in disputes, which have fallen by over 50%. There is also more regulatory certainty, especially as regards the foreseeability of the costs of ‘separating’ company and employee. There is still the thorny issue of ‘labour cost’, which, together with social security expenses, remains a great obstacle for investment and recruitment. These are some of the findings from the sample of 160 Italian and foreign businesses operating in Italy, in a survey conducted by De Luca & Partners …

Read here the original version of this article published on Il Quotidiano del Lavoro

An analysis of three years of the Jobs Act on the Italian labour market

“In March 2018, our firm conducted a survey assessing the impact of the Jobs Act on companies, three years after this labour reform came into force.

As a starting point, we used the questions from an initial survey we had conducted in 2015, the results of which were presented during a round table held in the Lombardy Region in October that year. The new survey saw the participation of 160 managing directors, general counsels and personnel managers of major companies (both Italian businesses and foreign firms operating in Italy), all clients of De Luca & Partners.”

Click here to read the original version of this article written by Vittorio De Luca, Managing Partner di De Luca & Partners.

The aim of the initiative is to promote independent reflection on the principles that inspire outstanding operations which manage to improve competitiveness, while pursuing the well-being of individuals.

This year sees the first edition of the Excellence & Innovation HR Award, a prize for businesses operating in Italy, the goal of which is to encourage reflection on the best practices in the world of work and the management of human resources, showcasing outstanding operations that give real momentum to a company, by promoting competitiveness and productivity, while at the same time fostering social cohesion, conflict resolution and, more generally, the well-being both of people and of the national economy.

The prize is awarded by De Luca & Partners, a Milan law firm active across the whole of Italy, including cross-border operations, in legal advice and assistance in matters of employment law, industrial relations and agency law. Specialisation, skills and independence have been the core values of the firm since its foundation.

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.

This year sees the launch of the Excellence & Innovation HR Award, on the initiative of the Milan law firm De Luca & Partners. This is a prize for companies operating in Italy and promotes reflection on issues of employment and the management of human resources.

The initiative seeks to showcase best practices which manage to give a genuine boost to the participating companies, ensuring the pursuit of corporate objectives that go hand in hand with the protection and promotion of more purely human aspects, such as social cohesion, conflict resolution and well-being understood as a general concept (both that of people and that of the national economy).

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 jury consists of eight qualified professionals from the business, management, government and academic fields and will also include the Managing Partner of Black Tie Professional, Mr. Nicolò Boggian, as co-founder and advisor of the Forum della Meritocrazia.

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.