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

10 December 2024 • News, Insights

HR Managers, data breaches and ‘disloyal’ employees (HR Link, 10 December 2024 – Vittorio De Luca)

HR Managers are required to carefully handle data breaches scenarios and behaviors that points to a “disloyal” employee. The legal framework and the possibility of such events occurring require HR Managers to adopt a strategy that protects the company, its employees and its team.  It is worth considering that HR Managers are proactive in implementing ....

29 November 2024 • News, Insights

The dismissal notified to the old address is valid if the employee does not communicate the new one (Newsletter Norme & Tributi n. 182 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Court, by its decision no. 28171 of 31 October 2024, confirmed the validity of a dismissal notified to the employee’s previous address if the employee did not promptly notify the employer of his change of residence or domicile.   The employee, challenging the dismissal, challenged the validity of the notification made to his ....

28 November 2024 • News, Insights

Data protection and remote control of workers: algorithms and digital platforms are not exempt

The Italian Data Protection Authority sanctioned the company Foodinho S.r.l., a Glovo Group company, to pay a fine of EUR 5 million for unlawfully processing the personal data of more than 35,000 riders through its digital platform.    Following a complex investigation carried out ex officio by the Authority, it revealed that the company, which had ....

28 November 2024 • News, Insights

Dismissal for just cause without disciplinary contestation: reinstatement also in small companies

In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not a mere formal deviation from the procedural scheme of the regulation, but an actual nullity which always gives the employee the right to reinstatement. The case at ....

28 November 2024 • News, Insights

DO YOU KNOW THAT… If the contractor does not properly pay the workers employed in the service contract, the principal company is considered responsible?

According to Article 29, paragraph 2, of Legislative Decree 276/2003 (known as the “Legge Biagi”), in the context of service contracts (“contratti di appalto” in Italian parlance), the principal company or employer is jointly and severally liable with the contractor, as well as with any subcontractors, within two years after the termination of the contract, ....

20 November 2024 • Insights, News

On Il Sole 24 Ore: Vittorio De Luca’s Interview on Subcontracting – Procedures for Legal Compliance

Vittorio De Luca, interviewed by Giorgio Pogliotti for Il Sole 24 Ore, addressed the topic of subcontracting, with a particular focus on unlawful subcontracting and the related sanctions. “We often observe a lack of full awareness among businesses regarding the seriousness of the consequences of non-genuine subcontracting and the preventive actions that should be taken,” ....

19 November 2024 • News, Insights

Evolving challenges in Employment law and privacy: The challenges for Italian companies (Global Legal Chronicle Italia, 19 November 2024)

Compliance, Agency Contracts, and Privacy Management: A Growing Complexity The law firm De Luca & Partners and HR Capital have recently highlighted significant issues in strategic areas such as contract management, regulatory compliance, and data protection. These areas, critical for Italian companies, are confronted with evolving regulations that demand increasing attention to avoid economic and ....

18 November 2024 • News

HR Virtual Breakfast: “Influencers – agents: how much is an #adv likely to cost?” (De Luca & Partners e HR Capital, 26 November 2024)

A recent ruling of the Court of Rome (no. 2615, dated March 4th, 2024) addressed, for the first time in Italy, the issue of the correct legal classification of the so-called “influencers”. According to this ruling, an influencerwho promotes a company’s products on a stable and continuous basis should be classified as an agent. Needless to ....