De Luca & Partners provides expertise assistance, in favour of customers, in the field of health and safety at work under the Legislative Decree. 81/2008 shall be applied.
The vast experience gained in this specific field of labour law, on the border with criminal law, allows professionals to carry out their consulting activities with particular attention to all the various and multiple issues of compliance so as to prevent any form of employer liability.
Within this area of expertise, the professionals of De Luca & Partners:
The Italian Supreme Court, in its decision no. 807 of January 13, 2025, has once again addressed the legitimacy of employer monitoring of employees’ corporate email accounts. The Court reiterated that while an employer may access an employee’s company email, this action is only lawful if there is a well-founded suspicion of illegal conduct. Information ....
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“By including the role of workers’ safety representative (i.e. “RLS”) in the area of protected subjects such as trade unionists as representatives of collective interests, the expression of solidarity with other workers with general trade union political significance is included in the constitutionally protected right to criticize and the right to express opinions”. This has ....
Read moreWith judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....
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On 18 May 2023, the Italian Court of Cassation, criminal division, judgment no. 21153,ruled that ‘risk assessment is a specific function of the employer, which cannot be delegated even through delegating functions to another person and any failure by the RSPP to cooperate in the drafting of the Risk Assessment Document (Documento di Valutazione dei ....
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De Luca & Partners assisted a private foreign airline and its legal representative in the proceedings before the Varese Court introduced by the latter, against the inspection report issued by the INPS and the ITL, concerning the alleged illegitimate secondment of no. 31 employees hired in Spain (place of the Company registered office) and seconded ....
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