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

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 ....

23 April 2024 • Insights, News

Part-time does not detract from quality 

The quantity of work is not synonymous with the quality of the work. Therefore, if it is a question of comparing a part-time worker with a full-time worker in relation to the amount of work performed (quantity), it is appropriate to apportion the salary based on the hours worked (so that the part-time worker receives, ....

10 April 2024 • Insights, News

Panel: “Breakout session one: Legal obligations in a borderless workplace” (Annual IBA Employment and Diversity Law Conference 2024, 10 Apr – 12 Apr 2024 – Vittorio De Luca)

On April 11, Vittorio De Luca will attend as a panelist at the Annual IBA Employment and Diversity Law Conference 2024 during the panel entitled: “Panel: Breakout session one: Legal obligations in a borderless workplace”.A) for the Annual IBA Employment and Diversity Law Conference 2024. FOCUS The rise of digital nomads, satellite employees and Employers ....

4 April 2024 • News, Insights

Protected period (periodo di comporto) and indirect discrimination against the disabled: the Court of Ravenna refers the matter to the European Court of Justice (Modulo 24 Contenzioso Lavoro by Il Sole 24 Ore, 2 April 2024 – Vittoria De Luca, Alessandra Zilla)

With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment on 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 ....

31 March 2024 • News, Insights

Conversion of the part-time contract into full-time due to concluding facts (Newsletter Norme & Tributi n. 176 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)

With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where the worker is constantly working extra hours and overtime. The employee brought a legal case to obtain the ascertainment of the conversion of the employment relationship to ....