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

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 ....

30 May 2018 • Insights

DO YOU KNOW THAT… Effective from 25 May, the European Regulation on the protection of personal data has entered in full force?

On 25 May 2018, the European Regulation on the protection of personal data has entered into full force in each member state of the European Union (including Italy). Among the major changes there are: focus on the accountability of the data controllers and data processors, the introduction of the Data Protection Officer (so-called DPO) as ....

30 May 2018 • Insights

The clarifications of the Italian National Labor Inspectorate (“INL”) relating to the filing of the conciliation minutes signed before the trade unions

The Confederdia Union has requested clarifications to the National Labour Inspectorate (“INL”) regarding the rejection issued by the territorial office of the Inspectorate to the filing of the minutes of conciliation signed pursuant to art. 411 of the Civil Code, justified with the alleged lack of powers by the union. In this respect, INL, with ....

30 May 2018 • Insights

Statement of Agreement Signed for the Rubber Plastic Sector

On 2 May 2018, the Plastic Rubber Federation signed a statement of agreement with Filctem CGIL, Femca CISL and Uiltec UIL which, in line with the Interconfederal Agreement of 9 March, has the purpose of creating a contractual model capable of responding appropriately to the needs of employees and companies operating in the sector. This ....

28 May 2018 • Insights

Riders are self-employed professionals

The Court of Turin, with judgement No. 778 dated 11 April 2018, rejected the appeal lodged by 6 riders against a well-known German food delivery company. In this case, the riders had opposed the company’s termination of the coordinated and continuous cooperation with them following their protests, dating back to 2016, to have a fairer ....

28 May 2018 • Insights

Resigning Agent and lack of just cause

The Court of Appeals of Turin, with judgement dated 22 December 2017 reviewed a case of resignation for just cause presented by an agent of a company in the consumer credit sector. In particular, the resigning agent had appealed to the court to obtain the payment of the indemnity pursuant to art. 1751 of the ....