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

8 January 2018 • Insights

Employment & Labour Law – Global Legal Insights, Sixth Edition (Vittorio De Luca, Roberta Padula and Claudia Cerbone)

The sixth edition of the Employment & Labour Law guide, updated to 2018 and extended to 29 countries around the world, was made available a few days ago. The book, published in English by Global Legal Group publisher, is a summary of the trends in the labour market, legislative changes, recent court judgments, employers’ decisions ....

15 December 2017 • Insights

Prevention and Organizational System under the Privacy Regulation (Newsletter Norme & Tributi No. 119 – Italian-German Chamber of Commerce – Vittorio De Luca, Luciano Vella)

On 25 May, 2018, the European Regulation on the protection of personal data will become fully operative. The Regulation has the primary goal of harmonizing the protection system in terms of privacy at the European level, focusing on the concept of accountability of the Data Controller (in this case, the individual company). This concept entails ....

14 December 2017 • Insights

Whistleblowing has become a national law (Il Commerci@lista, Labour and Social Security November/December 2017, Vittorio De Luca – Giulia Galli)

Dopo un lungo inter parlamentare, durato quasi due anni, il 15 novembre 2017, la Camera dei Deputati ha approvato il disegno di legge n. 2208 che disciplina il cosiddetto whistleblowing. La necessità di adottare tale provvedimento era stata sollecitata, ormai da tempo, da...

30 November 2017 • Insights

When dismissal ordered due to failure to successfully overcome a probation period is lawful

The Court of Brescia, with its judgement dated 3 November 2017, has declared lawful a dismissal ordered to a female employee due to her failure to successfully overcome the probation period. In particular, the employee claimed that probation period agreement attached to the job contract was void due to the undefined tasks assigned, since she ....

29 November 2017 • Insights

Smart Work, Companies to comply

Effective from 15 November 2017 employers that signed individual smart working agreements must comply with the mandatory notifications. In fact, art. 23 of the Law 81/2017 expressly establishes that the agreement on smart work be subjected to the “notifications detailed in article 9-bis of the Law Decree No. 510 dated 1 October 1996, converted, with ....

29 November 2017 • Insights

Travel allowance, 50% taxability rate if fixed

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and contributory regime. The Supreme Court, overruling its previous stance, consolidated as from judgement No. 396/2012, stated that “habitual travel allowances, payable to operators who, by contract, must ....

29 November 2017 • Insights

Validity of a dismissal deriving solely from the reading and justifiability of the employer’s dismissal

The Court of Cassation, with judgement No. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the recipient (ed. in this specific case a manager) who made himself unavailable to receive a copy”. On the matter, the Court, recalling a few previous applicable cases, ....

29 November 2017 • Insights

No repêchage obligation of collective dismissals

The Court of Appeals of Milan, with judgement No. 131/2017, in confirming the first-degree ruling, stated that in collective dismissals the employer does not have any repêchage obligations. This because the latter is an element that applies to dismissals for justified objective reasons for which the employer has the obligation to prove of having assessed ....