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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

2 October 2024 • News, Insights

DID YOU KNOW THAT… Since 17 September 2024, the “Salva Infrazioni” decree has increased the compensation indemnity for fixed-term contracts declared unlawful? 

Decree-Law No. 131/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts. This measure, known as the “Decreto Salva Infrazioni”, meets the request of the European Union – which started an infringement procedure against Italy – to align national ....

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30 September 2024 • News, Insights

Lawful dismissal of an employee on sick leave who participates in a football tournament (Newsletter Norme & Tributi n. 180 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period of illness, participated in a football tournament already scheduled, thereby breaching his obligations of diligence, loyalty and fairness, thus jeopardising his recovery or return to work. The ....

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19 September 2024 • News, Insights

The “Salva Infrazioni” decree is in force – Main changes in the regulation of fixed-term contracts in the private sector

On 16 September was published in the Official Gazette the Decree-Law no. 131/2024 (i.e. “Decreto Salva Infrazioni”) – in force since 17 September – which also intervened on the regulation of fixed-term contracts through which the European Union requested Italy to align Italian legislation with EU Directive 1999/70/EC on fixed-term work. The “Salva Infrazioni” decree ....

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19 September 2024 • News, Insights

The right of defence may override the right to data protection 

This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024. In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier ....

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17 September 2024 • News, Insights

Short-term personal activities such as shopping do not constitute an abuse of law 104/94 (Norme & Tributi Plus Lavoro of Il Sole 24 Ore, 16 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)

The Court of Cassation, in its decision no. 24130 of 9 September 2024, provided important clarifications regarding the use of work permits under Law no. 104 of 1992, stating that a worker may be absent for short personal activities, such as shopping, and that this does not automatically entail an abuse of the right or ....

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12 September 2024 • News, Insights

Right of criticism and disciplinary sanctions

“By including the role of workers’ safety representative (i.e. “RLS”) in the area of protected subjects such as trade unionists as representatives of collective interests, the expression of solidarity with other workers with general trade union political significance is included in the constitutionally protected right to criticize and the right to express opinions”. This has ....

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9 September 2024 • News, Insights

Stock Option, The Court of Appeal of Milan rules on the calculation of remuneration (Norme & Tributi Plus Lavoro Il Sole 24 Ore, 9 September 2024 – Vittorio De Luca, Roberta Padula, Alesia Hima)

The Court of Appeal of Milan, in its judgment no. 470/2024, again addressed the issue of whether the income from the sale of stock options may be included in the remuneration for the purposes of calculating notice and severance pay. The Court ruled that, in the present case, the income from the stock options was ....

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29 August 2024 • News, Insights

Reclassification of temporary self-employment: consequences for compensation

With order no. 17450 of 25 June 2024, the Italian Court of Cassation – confirming its previous position – ruled that in the event that an employment relationship which is only ‘formally’ one of self-employment is found to be a subordinate employment relationship the indemnity regime typical of fixed-term contracts does not apply, but instead ....

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