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 ....

26 June 2018 • Insights

Unlawful data processing: automatic non-patrimonial damage

With its order No. 14242/2018, the Court of Cassation was requested to rule on the existence of non-patrimonial damage in case of unlawful data processing. In particular, the dispute under the close examination of Court of Cassation concerned the order to transfer a Customs Agency employee after commencement of an investigation by the Public Prosecutor’s ....

26 June 2018 • Insights

Lawful investigation activity of the employer, but with limits

With its judgment No. 15094 of 11 June 2018, the Court of Cassation has stated that the controls carried out through an investigation agency (or security guards) may in no way concern the fulfilment or the breach of the contractual obligation, but must only limit themselves at ascertaining the carrying out of unlawful acts carried ....

26 June 2018 • Insights

The control aimed at protecting the company’s assets and image does not breach article 4 of the Workers’ Statute

With its judgment No. 13266 of 28 May 2018, the Court of Cassation has declared the lawfulness of a disciplinary dismissal served on an employee for having used the company computer during working time for non-working purposes. In the case at issue, the employer had commenced a retrospective investigation – following the reporting of 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 ....