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Research, training and international collaborations

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.

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ALL NEWS AND INSIGHTS

14 October 2024 • News, Insights

Processing of personal data: the risks for those who refuse the role of authorized subject (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 14 October 2024 – Vittorio De Luca, Martina De Angeli)

The Court of First Instance of Udine (Labour Section, order no. 504 of 2 August 2024) declared lawful the measure of suspension from work and remuneration, imposed by a company on an employee who had refused to sign the letter sent to the person responsible for processing personal data, in accordance with the applicable data ....

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8 October 2024 • News, Insights

Notification of illness contracted abroad: valid the notification by fax (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 08 October 2024 – Vittorio De Luca, Roberta Padula)

Sending the medical certificate by fax is a valid method of notification of illness by the employee, as it is expressly provided for in the company’s rules. The Supreme Court, in its order no. 25661 of 25 September 2024, held that the dismissal of an employee who communicated his illness via fax, while on holiday ....

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2 October 2024 • News, Insights

Supreme Court: the workers’ safety representative (i.e. “Rappresentante dei lavoratori per la sicurezza” or “RLS”) has a wider right to criticize and express opinions than an employee

With Order No. 23850/2024, published on 5 September 2024, the Supreme Court clarified that employees who also act as workers’ safety representatives (“RLS”) are entitled to the same protection as trade unionists. This means that “RLSs” can use harsher tones than those “normally allowed” for an employee, because they stand on an equal footing with ....

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2 October 2024 • News, Insights

Dismissal for carrying out recreational activities during sick leave: burden of proof

The Court of Cassation, by its decision no. 23858 of 5 September 2024,  confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying out other activities during sick leave, the employer bears the burden of proof that the illness is simulated or that the activities carried out during the days ....

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2 October 2024 • News, Insights

DID YOU KNOW THAT… Since 17 September 2024, the “Salva Infrazioni” decree has increased the compensation indemnity for fixed-term contracts declared unlawful? 

Decree-Law No. 131/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts. This measure, known as the “Decreto Salva Infrazioni”, meets the request of the European Union – which started an infringement procedure against Italy – to align national ....

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30 September 2024 • News, Insights

Lawful dismissal of an employee on sick leave who participates in a football tournament (Newsletter Norme & Tributi n. 180 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period of illness, participated in a football tournament already scheduled, thereby breaching his obligations of diligence, loyalty and fairness, thus jeopardising his recovery or return to work. The ....

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19 September 2024 • News, Insights

The “Salva Infrazioni” decree is in force – Main changes in the regulation of fixed-term contracts in the private sector

On 16 September was published in the Official Gazette the Decree-Law no. 131/2024 (i.e. “Decreto Salva Infrazioni”) – in force since 17 September – which also intervened on the regulation of fixed-term contracts through which the European Union requested Italy to align Italian legislation with EU Directive 1999/70/EC on fixed-term work. The “Salva Infrazioni” decree ....

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19 September 2024 • News, Insights

The right of defence may override the right to data protection 

This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024. In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier ....

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