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

26 June 2018 • Insights

The Government’s first Decree Law on employment contracts is on its way

The first decree law on employment contracts is already ready on the table of the Council of Ministers, that is the so-called Dignity Decree, which could be approved in the month of July. Amongst the main new developments, one may find the reform of fixed-term contracts, aimed at fostering the entering into of indefinite employment ....

26 June 2018 • Insights

Greenlight for the replacement Agreement

The Ministry of Labour and Social Policies and ANPAL (that is the National Agency for Active Employment Policies) issued, on 7 June 2018, a joint signature circular establishing the criteria and the ways of accessing the replacement Agreement by the employees falling within company and professional profile scopes at risk of excess of staff, by ....

26 June 2018 • Insights

Lawfulness of the personal data processing through GPS, but with limitations

With its Decision No. 441 of 29 May 2018, the Data Protection Authority has admitted the possibility of personal data processing through a geographic positioning system installed on tablets and smartphones given to the employees of a company that renders private security guard and money & valuables transport services. The above provided that the company ....

26 June 2018 • Insights

The ethical minimum rule as insurmountable limit of trade union freedom

With its judgment No. 14527 of 6 June 2018, the Court of Cassation has quashed the decision of the Court of Appeal having territorial jurisdiction which, by reversing the decision of the first instance judge, had declared the unlawfulness of the dismissal for cause served on five employees who had staged the suicide and the ....

5 June 2018 • Insights, News

Human resources, good practices on the podium (L’Economia, Corriere della Sera, 4 June 2018 – Vittorio De Luca)

Lawyers are now those to take care of awarding a prize to virtuous companies. The first edition of Excellence Innovation HR award has kicked off, that is an award aimed at the companies doing business in Italy that fosters reflection on the best practices in the labour market and in human resources management, pointing out ....

31 May 2018 • Insights

The European Whistleblower (Legislation & Taxation Newsletter no. 124 – German Italian Chamber of Commerce – Vittorio De Luca, Luciano Vella)

On 23 April 2018, the European Commission formalised a proposal for a Directive for the protection of whistleblowers (Directive of the European Parliament and of the Council on the Protection of Persons reporting on Breaches of Union Law) in all Member States. Its purpose is to standardise the laws currently in force in some Member ....

30 May 2018 • Insights

Right to criticize and dismissal: when the worker is justified (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 May 2018 – Alberto De Luca, Gabriele Scafati)

With judgment No. 11645/18, the Court of Cassation made clear once again its opinion on the relation between the right of criticism, protected under the Constitution, and the civil duty of loyalty and honesty in the relationship between employees and employers. In the case in question, an employee of a famous telephony company had been ....

30 May 2018 • Insights

Whistleblowing within private employment (Il Giornale di Vicenza – Idea Impresa, 30 May 2018 – Vittorio De Luca, Lucio Portaro)

Law No. 179/2017 has introduced the whistleblowing institution within private employment. As is well-known, this is not a totally new institution for our legal system, since it had already been introduced for the public sector only by Law No. 190/2012, which amended article 54-bis of Legislative Decree No. 165/2001. The new law provision is aimed ....