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

23 May 2024 • News, Insights

Union negotiated conciliation agreement – relevance of where it is signed (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 23 May 2024 – Vittoria De Luca, Alessandra Zilla)

The reference to “conciliation location” in Article 411 of the Italian Code of Civil Procedure does not permit company premises to be included among the protected locations (sedi protette), even if a union representative is present at the conciliation. By order no. 10065 of 15 April 2024, the Italian Court of Cassation affirmed that a ....

13 May 2024 • News, Insights

Entry into Italy of highly qualified personnel: changes and simplified procedure for companies and workers (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 14 May 2024 – Valentino Biasi, Andrea Di Nino, Giorgia Tosoni)

Workers who are citizens of countries outside the European Union and who come to Italy to work are regulated by specific provisions, under which the Ministry of the Interior sets and limits the annual entry quotas. The provisions also ensure that highly qualified personnel can benefit from ad hoc exemptions from these quotas, allowing them ....

30 April 2024 • News, Insights

In the case of a sham outsourcing contract, dismissal must be by principal (Newsletter Norme & Tributi n. 177 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)

In judgment no. 32412 of 22 November 2023, the Italian Court of Cassation dealt with the lawfulness of a dismissal by the formal employer of a worker employed under a sham outsourcing contract. A worker brought legal proceedings to obtain a declaration of the existence of an employment relationship with the principal company, and that, ....

29 April 2024 • News, Insights

European Parliament adopts Platform Work Directive and introduces stringent rules protecting workers’ data

On Wednesday 24 April 2024, MEPs adopted the text of the new Directive on the working conditions of platform workers. As can be learned from the press release published on the Parliament’s institutional website, the Directive “aim[s] to ensure that platform workers have their employment status classified correctly and to correct bogus self-employment”by introducing “a ....

29 April 2024 • News, Insights

Minutes of failed conciliation may contain formal notice of dismissal

By order no. 10734 of 22 April 2024, the Italian Court of Cassation ruled that, in the event of a failed conciliation attempt, as required under Article 7 of Italian Law no. 604/1966 in the case of dismissal for justified objective reasons of workers hired before March 2015, the employer is not required to send ....

29 April 2024 • News, Insights

DID YOU KNOW THAT… non-compete agreement null and void if conditional on employer decisions affecting employment relationship?

A non-compete agreement which is conditional upon the preservation of the original duties introduces an element of vagueness that undermines the entire agreement. This principle was confirmed by the Italian Court of Cassation in order no. 10679 of 19 April 2024. In this case, the non-compete agreement provided that if the employee’s duties changed during ....

29 April 2024 • Insights, News

Reinstated and compensated employee 

An employee dismissed for drug trafficking has been reinstated and compensated. The drug related conviction occurred in the past and pre-dated the employment, when the company took over the staff from the outgoing company after taking over a contract held under a public administration tender. The Italian Court of Cassation, employment division, by order no. ....

26 April 2024 • News

Panel: “LLaMA2, Bard, ChatGPT and Co.– just tech talk acronyms or serious drivers for (positive) change in HR?” (IPBA Annual Meeting and Conference 2024 Tokyo, 23 Apr – 27 Apr 2024 – Alberto De Luca)

On Friday April 26, Alberto De Luca took part as a speaker to the conference “New World, New Wisdom” organized by Inter-Pacific Bar Association (IPBA), discussing the main topics around recent developments and trends in the field of artificial intelligence and its impact in the word of HR, during the panel “LLaMA2, Bard, ChatGPT and ....