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

26 March 2024 • News, Insights

Dismissal is lawful even if financial damage suffered by company from disciplined conduct is minor (Camera di Commercio di Spagna in Italia – Enrico De Luca, Raffaele Di Vuolo)

By Order no. 1476 of 15 January 2024, the Italian Court of Cassation has once again ruled on the seriousness of the facts alleged against an employee as the reason underlying the dismissal for just cause under Article 2119 of the Italian Civil Code. At the end of the three instances of proceedings, the Italian ....

15 March 2024 • News, Insights

AI Act: European Parliament approves Europe’s first law on artificial intelligence 

On Wednesday 13 March 2024, the European Parliament approved the draft text of the so-called “AI Act”, the first Regulation on artificial intelligence. The Regulation establishes obligations in relation to the use of AI on the basis of possible risks and level of impact with the aim of protecting individuals’ fundamental rights, democracy and environmental sustainability ....

12 March 2024 • Insights, News

Outsourcing contracts and the power to dismiss (Affari & Finanza of La Repubblica, 11 March 2024 – Vittorio De Luca)

Who has the power to dismiss the employee in the case of an outsourcing contract? The issue, which at first glance may appear technical, has widespread application in Italy, where the use of outsourcing (or sub-contracting) is frequent. In particular, companies have to keep on top of both developments in the regulations as well as ....

1 March 2024 • News, Insights

Invalidity of the disciplinary dismissal ordered in violation of the procedures established by law (Newsletter Norme & Tributi n. 175 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

With judgment no. 2859 of 31 January 2024, the Italian Supreme Court dealt with the issue of disciplinary dismissal and its consequences in the event of a violation of the procedures established by law. In the case in question, the company, in applying the dismissal measure against the employee, had not respected the procedure envisaged ....

27 February 2024 • News, Insights

Environment and Human Rights: companies’ obligations under new EU due diligence requirement (Rinnovabili.it, 27 February 2024 – Stefania Raviele, Martina De Angeli)

The new European directive on corporate sustainability due diligence establishes an obligation for companies to mitigate their adverse impact on human rights and the environment through their activities, those of their subsidiaries and those carried out by their business partners The European Union has been working for some time on the development of corporate sustainability ....

27 February 2024 • Insights, News

Italian Data Protection Authority: new guidelines on the use of company e-mail management programs and on metadata retention

With order no. 642 of 21 December 2023 entitled “Computer programs and services for the management of e-mail in the workplace and metadata processing”, the Italian Data Protection Authority (‘DPA’) has provided guidelines for public and private employers on the use of computer programs and services for corporate e-mail management. The document was issued following ....

27 February 2024 • Insights, News

The Court of Ravenna refers dismissal of disabled person for exceeding the protected period to the European Court of Justice

With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment of the Italian legislation on the calculation of absences from work caused by disabling diseases in the protected period (periodo di comporto). The question posed to the European Court of Justice can be summarised as ....

27 February 2024 • Insights

DID YOU KNOW THAT… On 19 February 2024, the collective agreement for “shoppers” was signed?

On 19 February, Assogrocery and the trade unions NIdiL, CGIL, FeLSA, CISL and UILTemp signed a collective agreement that grants protection for “shoppers”, i.e. collaborators who prepare and deliver shopping to customers’ homes using the client companies’ digital platforms. The agreement implements the provisions of Article 2, paragraph 2 of Italian Legislative Decree no. 81/2015, ....