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

30 May 2024 • News, Insights

A resignation submitted by a worker under threat of dismissal will be annulled (Newsletter Norme & Tributi n. 178 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)

With judgment no. 7190 of 18 March 2024, the Italian Court of Cassation addressed the issue of the validity of a resignation submitted by an employee under threat of dismissal by the employer. The employee initiated legal proceedings to have his resignation declared null and, in the alternative, void and to obtain a finding that ....

29 May 2024 • News, Insights

Employment Law and Data Protection: worker has right to access his or her personal file and information that gave rise to disciplinary sanction

The Italian Data Protection Authority (‘IDPA’), with a Ruling of 7 March 2024 [announced in the Newsletter of 3 May 2024] upheld a complaint filed by a worker who had asked her former employer company for access to her personal file to find out what information could have given rise to a disciplinary sanction against ....

29 May 2024 • News, Insights

Employer bears burden of proof of payment of remuneration

By order no. 10663 of 19 April 2024, the Italian Court of Cassation stated that the employer bears the burden of proof in proving that remuneration has been properly paid. The facts of the case The worker filed an application for summary judgment to obtain an order against the company to pay the amount indicated ....

29 May 2024 • News, Insights

DID YOU KNOW THAT… Union negotiated conciliation agreements signed at company headquarters are invalid?

Conciliation agreements negotiated with the help of a union cannot be validly concluded at the company’s headquarters. This is because company headquarters do not fall within “protected locations” (sedi protette) which are neutral and guarantee, together with the assistance provided by the union representative, that the worker is free to make his or her own ....

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 ....