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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

4 November 2024 • News, Insights

The Italian employment landscape: Could remote working become a right? The english case (Italia Oggi 4 November – Vittorio De Luca, Martina De Angeli)

The Italian employment sector, which has recently brought this issue back into focus in its discussions, might view this question as somewhat provocative. Under our legal system, remote working is defined as a mode of execution of the employment relationship, which is to be established through an agreement between the parties. This means that the ....

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4 November 2024 • News, Insights

Lawfulness of contracts, verification of resources and personnel (Il Sole 24 Ore, 1 novembre 2024 – Vittorio De Luca)

The Italian Court of Cassation, called upon to rule on the possibility of applying the joint and several liability provisions of Article 29 of Legislative Decree 276/2003 to service contracts other than those formally governed by Article 1655 of the Italian Civil Code (“contratti di appalto” in Italian parlance), with its recent judgment no. 26881 ....

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31 October 2024 • News, Insights

Abstention from work: the individual decision of workers does not qualify as a strike (Newsletter Norme & Tributi n. 181 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions from work could not be qualified as a strike. The decision came after the rejection of the appeal filed by some employees against a disciplinary sanction imposed by a highway company following two days of unjustified absence. The Court ....

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30 October 2024 • News, Insights

Dismissal Upheld for Excessive Breaks During Work Hours (Norme & Tributi Plus Lavoro, Il Sole 24 Ore, October 29, 2024 – Roberta Padula, Alesia Hima)

With Order No. 27610 of October 24, 2024, the Italian Supreme Court ruled that a dismissal for cause was lawful in the case of an employee accused of repeatedly abusing work breaks by spending excessive time at a bar with colleagues. The Case Overview The legal proceedings originated from the dismissal of an employee for ....

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30 October 2024 • News, Insights

Il licenziamento per superamento del periodo di comporto sfugge al “blocco” dei licenziamenti per l’emergenza Covid (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 30 ottobre 2024 – Vittorio De Luca, Elena Guerrera)

Con l’ordinanza n. 26634 del 14 ottobre 2024, la Corte di Cassazione, Sezione Lavoro, ha affermato che il licenziamento per superamento del periodo di comportonon rientra nella previsione di nullità stabilita dall’art. 46, D.L. n. 18/2020 (c.d. “blocco” dei licenziamenti per emergenza pandemica da Covid-19) e ha, al contempo, precisato il corretto criterio di computo delle giornate di malattia per i lavoratori che operano in ....

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29 October 2024 • News, Insights

Data Breach: Lessons for Companies from Recent Investigations (Il Sole 24 Ore Radiocor – Vittorio De Luca, Martina De Angeli)

The revelations from the investigation conducted by the Milan Prosecutor’s Office and the investigative unit of the Carabinieri of Varese—exposing unlawful activities involving the acquisition of confidential, sensitive, and personal information—have dominated Italy’s political and public debate in recent hours. These developments call for serious reflection. The Italian Data Protection Authority (Garante per la protezione ....

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29 October 2024 • News, Insights

Company e-mail and termination of employment: the latest clarifications (and the latest penalties) from the Italian Data Protection Authority. 

“The employer cannot access the employee’s or collaborator’s e-mail or use software to store a copy of the messages. Such processing of personal data not only constitutes a breach of the data protection laws but also amounts to an unlawful control activity over the employee”. This has been stated by the Italian Data Protection Authority, ....

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29 October 2024 • News, Insights

Trade union flyers attached to the body: lawful disciplinary sanction 

In its decision no. 24595 of 13 September 2024, the Supreme Court ruled that the behaviour of a worker who comes to work with trade union flyers attached to his body is unlawful because it does not constitute a regular posting or proselytising activity.  The case at issue  The worker challenged in Court the conservative ....

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