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 February 2024 • Insights, News

The “Milleproroghe Decree” – the expert’s view: “How the new rules on fixed-term contracts work in practice” (ADNKronos – 22 February 2024, Vittorio De Luca)

“With the imminent conversion into law of the Italian Milleproroghe Decree, the extension of the deadline for entering into a fixed-term contract beyond 12 months, by agreement between the parties, is on its way. The extension granted by the decree will be from 30 April to 31 December 2024 and it will temporarily extend the ....

22 February 2024 • News, Insights

Unlawful dismissal for just cause (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 22 February 2024 – Enrico De Luca, Raffaele Di Vuolo)

Employment relationship – Dismissal for just cause – Unlawfulness – Existence The existence of wilful and negligent misconduct to the detriment of the employer company requires that the damage be a foreseeable consequence of the employee’s conduct. In light of this principle, the dismissal of an employee who, having been authorised to leave the workplace ....

22 February 2024 • Insights, News

Effects of Italy’s accession to the Framework Agreement

On 28 December 2023, Italy joined the European Framework Agreement called “Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border Telework”.   Article 1 of the Framework Agreement defines “cross-border telework” as an activity that a worker carries out remotely in one or more Member States ....

21 February 2024 • News, Insights

New due diligence tools for employers: Corporate sustainability due diligence directive (Norme e Tributi Plus Diritto — Il Sole 24 Ore, 14 February 2024 — Alberto De Luca, Chiara Carminati)

Provisional agreement on corporate sustainability due diligence directive: text still to be examined by the Legal Affairs Committee and approved by the European Parliament sitting as a whole and by the European Council. On 14 December 2023, the European Council and the European Parliament reached a provisional agreement on the text of the “Corporate sustainability ....

19 February 2024 • Insights, News

Whistleblowing – SMEs need expert advice (ItaliaOggi 7, 19 February 2024 – Vittorio De Luca)

There is no end to new initiatives on the subject of whistleblowing. While the provisions of Italian Legislative Decree no. 24 of 10 March 2023 are already in force for companies with 250 employees or more, for companies employing 50 to 249 employees this has only been the case since 17 December 2023, requiring them ....

19 February 2024 • News, Insights

Cross-border workers: new agreement between Italy and Switzerland on taxes and remote working effective from 1 January 2024 (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 14 February 2024 – Valentino Biasi, Andrea di Nino)

Historically, cross-border work between Italy and Switzerland has been regulated by the Agreement signed in Rome in 1974 (‘1974 Rome Agreement’)and, also, by the Convention against double taxation of 1976 (the ‘1976 Convention’), still in force between the two countries. These agreements establish that the wages, salaries and other elements forming part of the remuneration ....

16 February 2024 • News, Insights

Critical moment for the Italian Court of Cassation Court case-law on contracting-out (Il Sole 24 Ore, 16 February 2024 — Vittorio De Luca)

In our legal system, the issue of contracting-out and agency work has always been the focus of attention by the legislator in the field of employment law. Not surprisingly, one of the first employment laws to accompany the Italian Civil Code was Italian Law no. 1369 of 1960, which enshrined the prohibition of intermediation and ....

8 February 2024 • News, Insights

Application of the obligation to reinstate where justified objective reason for dismissal did not exist (Camera di Commercio di Spagna in Italia – Enrico De Luca, Luca Cairoli)

By order no. 87 of 3 January 2024, the Italian Court of Cassation ruled on the applicability of reinstatement where the fact underlying the dismissal ordered for justified objective reasons did not exist. At the end of the three instances of proceedings, the Italian Court of Cassation upheld the appeal brought by the dismissed employee, ....