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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

17 September 2024 • News, Insights

Short-term personal activities such as shopping do not constitute an abuse of law 104/94 (Norme & Tributi Plus Lavoro of Il Sole 24 Ore, 16 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)

The Court of Cassation, in its decision no. 24130 of 9 September 2024, provided important clarifications regarding the use of work permits under Law no. 104 of 1992, stating that a worker may be absent for short personal activities, such as shopping, and that this does not automatically entail an abuse of the right or ....

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12 September 2024 • News, Insights

Right of criticism and disciplinary sanctions

“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 ....

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9 September 2024 • News, Insights

Stock Option, The Court of Appeal of Milan rules on the calculation of remuneration (Norme & Tributi Plus Lavoro Il Sole 24 Ore, 9 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)

The Court of Appeal of Milan, in its judgment no. 470/2024, again addressed the issue of whether the income from the sale of stock options may be included in the remuneration for the purposes of calculating notice and severance pay. The Court ruled that, in the present case, the income from the stock options was ....

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29 August 2024 • News, Insights

Reclassification of temporary self-employment: consequences for compensation

With order no. 17450 of 25 June 2024, the Italian Court of Cassation – confirming its previous position – ruled that in the event that an employment relationship which is only ‘formally’ one of self-employment is found to be a subordinate employment relationship the indemnity regime typical of fixed-term contracts does not apply, but instead ....

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29 August 2024 • News, Insights

DID YOU KNOW THAT…The repêchage obligation (obligation to relocate) also extends to fixed-term contracts?

Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis. Before proceeding with a dismissal for a justified objective reason, the employer must demonstrate that he/she has explored all possible solutions to relocate the worker within the ....

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29 August 2024 • News, Insights

Accident at work: employer’s liability is not limited by appointment of a supervisor

In relation to accidents at work, the appointment of a supervisor is not sufficient to avoid the employer’s conviction. This was established by the Italian Court of Cassation, Criminal Section, judgment of 10 June 2024, no. 23049. The Italian Court of Cassation clarified that the employer must exercise reasonable vigilance to prevent the establishment of ....

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1 August 2024 • News, Insights

Are Influencers commercial agents? (Mag Life Style, 1 August 2024 – Vittorio De Luca)

Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent intervention of the Court of Rome is of particular interest. In its judgment no. 2615 of 4 March 2024, the Court expressed its opinion on the classification ....

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31 July 2024 • News, Insights

Italian Data Protection Authority: no to attendance monitoring via facial recognition and no to monitoring workers’ activities

Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things stand, current law does not allow the processing of employees’ biometric data for purposes of timekeeping”. This was reiterated by the IDPA in a ruling of 6 ....

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