News & Insights

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.

ALL NEWS AND INSIGHTS

29 January 2019 • Insights

Privacy and disciplinary procedures: employees have the right to access their own data

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the records concerning them. The Court thus confirmed the full scope of the “right of access”, as governed by Article 7 of the Italian Privacy Code, which was ....

29 January 2019 • Insights

“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time it takes them to put on work clothes at the business premises, only if it is demonstrated that workers are obliged to use company dressing rooms and ....

29 January 2019 • Insights

The first clarifications by the Italian Employment Inspectorate with regard to the increased penalties provided for by the 2019 Italian Budget Law

The increases provided for by the 2019 Italian Budget Law   Article 1, paragraph 445, of the 2019 Italian Budget Law concerns increases to the penalties for measures affecting the protection of workers’ interests and dignity. According to the provisions in question, the values of the following penalties, in the context of employment and social ....

20 January 2019 • Insights

Legal Advisors as Partners of Sustainable HR (ESG Business Review – ETicaNews, January 2019 – Vittorio De Luca)

Contribution of De Luca & Partners on human resources as a sustainability objective. The HR is expected to have an increasingly substantial impact, as it can focus the whole organisation on ESG criteria. A sustainability trend was also identified in the projects that competed in the first edition of the Excellence & Innovation HR Award, ....

11 January 2019 • News

HR Breakfast: “Dismissal: the latest safeguards, in light of recent legislative measures and a judgement of the Constitutional Court” – 29 January 2019

Law no. 98 of 9 August, converting Law Decree no. 87/2018 (the so-called Dignity Decree) with amendments, was published on Official Gazette no. 186/2018.   While not altering the method of determination – linked to seniority – referred to in art. 3 of Legislative Decree no. 23 dated 4 March 2015, the Dignity Decree establishes ....

9 January 2019 • Insights

Carrying out different tasks during the probation period: in the case of withdrawal, the reintegration protection does not apply

The Labour Division of the Supreme Court of Cassation, with ruling no. 31159 published on 3 December 2018, stated that when carrying out different tasks from those established in the probation period, dismissal of the employee due to failure to successfully pass the probation period, whenever unlawful, does not lead to the reintegration but to ....

9 January 2019 • Insights

Whistle-blowing: upcoming Directive

Following the resolution of the EU Parliament dated 24 October 2017, aimed at adopting a Directive on whistleblowing, the Committee, on 23 April 2018, formulated a text proposal, which was approved by the Committee on Legal Affairs of the European Parliament on 20 November 2018. Upon approval, the Directive would provide Member States time until ....

9 January 2019 • Insights

DO YOU KNOW THAT… The 2019 Finance Decree and Budget Law have been published on the Official Gazette?

By laws no. 136 of December 17th, 2018 (so called “Fiscal Decree”) and no. 145 of December 30th, 2018 (so called “2019 Budget Law”), several news in the field of labour and social security law have been introduced.   The main changes in the two laws mentioned above are as follows: the tax credit for ....