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

2 March 2018 • Insights

DO YOU KNOW THAT.. The GDPR has introduced the DPO?

The European General Data Protection Regulation (“GDPR”), that will have effect from next May 25, introduced the Data Protection Officer (“DPO”) who shall have the task to monitor the compliance with the European regulation and with data protection provisions as well as with the policies of the controller or processor in relation to the protection ....

1 March 2018 • News

“Privacy and Companies: Whistleblowing and employees monitoring in light of the new regulation” – AIDP, Milan (28 March 2018)

What is new for companies after the European regulation on privacy entered into force: this is the topic of Vittorio De Luca’s speech on occasion of the upcoming conference “Privacy and Companies: Whistleblowing and employees monitoring in light of the new regulation” organized by AIDP and to be held on 28 March 2018.   “Privacy ....

1 March 2018 • Insights

Remote controls on the employment relationship – (Il Commerci@lista, Monografie Lavoro e Previdenza – Vittorio De Luca, Elena Cannone, Giulia Galli, Luciano Vella, Lucio Portaro)”

Article 4 of the Workers’ Statute   – Article 4 of the Workers’ Statute before the Jobs Act After more than forty years, the regulations established by article 4 of Law No. 300 dated 20 May 1970 of the Workers’ Statute on the topic of remote controls have been amended by article 23 of Law ....

28 February 2018 • Insights

Racism and xenophobia: new paradigms on administrative liability for entities (Newsletter Norme & Tributi n. 121 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

On November 8 2017, the Chamber of Deputies cast its final vote approving European Law 2017, comprising 30 articles among which there is the introduction, as part of Law Decree 231/01, of article 25-duodecies. In particular, the regulation introduces among the offences detailed in the Law Decree 231 those of Racism and Xenophobia, as per ....

27 February 2018 • Insights

The employer’s unilateral withdrawal from a second-level agreement is legitimate

In Judgment no. 98 of 7 February 2018, the Court of Frosinone rejected the appeal filed by a worker, who had resigned, against his former employer. More specifically, the worker argued that the withdrawal of his employer from a supplementary agreement of 1988 establishing a 14th-month pay, unilaterally effected in 2014, was illegitimate due to ....

27 February 2018 • Insights

Dismissal due to the use of a company car for private purpose is out of proportion

In Judgment no. 1377 lodged on 19 January 2018, the Court of Cassation has stated – in regard to an employment contract stipulated before the entry into force of Legislative Decree no. 23/2015 (so-called Jobs Act) – that a dismissal for just cause imposed on a worker who systematically used the company car, assigned to ....

27 February 2018 • Insights

Disciplinary dismissal and constitutive nature of relapse

In Judgment no. 1909 lodged on 25 January 2018, the Court of Cassation has ruled on the subject of disciplinary dismissal, stressing the need for the preliminary notification of the relapse having a constitutive nature. In the case at hand, a female worker had been dismissed for just cause because she had missed work one ....

27 February 2018 • Insights

No severancy indemnity pay in case of contiguous agency contracts

In Judgment no. 1672/2017, the Milan Court of Appeal has ruled again on the severance indemnity pay set out in Article 1751, Italian Civil Code. In particular, the Court has clarified that the expiration of an agency contract which is followed, without interruption, by a second agency contract with the same principal does not give ....