Categories: Insights, Publications


9 May 2019

Labour law is linked to ESG (ESG governance LAB newsletter – ETicaNews, May 2019 – Vittorio De Luca, Elena Cannone)

The sustainable approach to investments is increasingly the benchmark for virtuous entrepreneurs, who place sustainability issues at the center of their entrepreneurial decisions. This is also increasingly the case in relation to the management of their own staff. An indication of this has also come from the Excellence & Innovation HR Award, the prize for the best practices and projects in the responsible management of human resources, launched by the De Luca & Partners law firm in 2018. In fact, at least 75% of candidate projects had linked initiatives to enhance human capital to corporate social responsibility activities or policies.

Moreover, the acronym ESG (environmental, social and governance) includes principles such as diversity and integration among human resources, with all that this entails in terms of the protection of human rights (the “S” factor). On the other hand, the “G” factor takes account of variables such as the relationships that exist among employees, the remuneration system and the procedures by which the company’s organisational structure operates.

Therefore, when we talk about ESG, we are also necessarily referring to the policies to be implemented in order to guarantee the fair and sustainability-oriented management of resources. In fact, it is important to plan processes/practices that aim to manage and enhance human capital within businesses, sustaining and promoting the “wellbeing” of all those who work there. Sustainability is a constituent element of the organisation, and is essential for dealing with challenges on the market and attracting talent. And this is where the role of the employment lawyer comes into play, because employment lawyers can support the Human Resources Department in adopting a staff management approach that improves the climate at the company and increases staff satisfaction. This can be done through the implementation of a welfare plan which – if well structured – allows a business (whether small, medium or large) to increase its productivity and employee participation. Specifically, through welfare plans, employees can be provided with complementary remuneration in addition to their so-called “financial” remuneration, which consists of goods or services that fall under advantageous tax rules for both the employer and the employee. Furthermore, the adoption of smart working policies should not be overlooked, as these could certainly guarantee (i) better employee wellbeing, (ii) the possibility for staff to reconcile their free time with their working hours, and (iii) better environmental sustainability in terms of a reduction in traffic and pollution, given the lower number of journeys to the workplace that need to be made. However, a remuneration system that is structured according to principles of equity, equal opportunities and meritocracy is also sustainable. Obviously, this all has a consequent benefit for the business, given that the wellbeing of employees will inexorably be reflected in their performance. So, ESG is both a point of reference and the starting point for all virtuous companies and entrepreneurs who wish to become and remain competitive on the market.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…