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

12 January 2024 • News, Insights

Dismissal of working mother on cessation of business activity (Chamber of Commerce of Spain in Italy – Enrico De Luca, Luca Cairoli)

By Order no. 35527 of 19 December 2023, the Italian Court of Cassation ruled on the dismissal of a working mother ordered as a result of the cessation of the employer’s business activity following a declaration of bankruptcy, holding it to be void and ordering the employer to reinstate the employee and pay financial compensation. ....

29 December 2023 • Insights

Liability under Italian Legislative Decree no. 231/2001: ​obtaining minimal advantage does not exempt the employer

With judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....

29 December 2023 • Insights

Dismissal to reduce costs: what does the employer need to prove?

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....

29 December 2023 • Insights

DID YOU KNOW THAT… the agreement renewing the National Collective Bargaining Agreement for Cooperative Credit Bank Executives has been published?

On 5 December 2023, the agreement renewing the National Collective Bargaining Agreement for Executives of Cooperative Credit Banks (Contratto Collettivo Nazionale di Lavoro per i Dirigenti delle Banche di Credito Cooperativo, ‘CCNL’) signed by Federcasse and the unions FABI, FIRST/CISL, FISAC/CIGL, UGL Credito and UILCA/UIL was published. The changes introduced concern, firstly, financial aspects relating ....

28 December 2023 • News, Insights

Whistleblowing: companies’ obligations  

Italian Legislative Decree no. 24/2023, which implements Directive (EU) 1937/2019 and introduces the new legal framework on whistleblowing has come into effect. Laws on whistleblowing have already been in force for some years in companies required to implement the 231 Models and detailed and specific provisions on procedure and sanctions now apply to all companies. ....

19 December 2023 • News, Insights

Gender pay gap: EU directive gives rise to new employer obligations (Norme & Tributi Plus Lavoro – Il Sole 24 Ore – 18 December 2023 – Enrico De Luca, Stefania Raviele)

In both the public and private sectors, all workers should have access to information on individual wage levels and average wage levels broken down by gender. By 7 June 2026 EU states must implement European Directive 2023/970 which came into force on 6 June 2023. The directive introduces new obligations for employers on transparency and ....

17 December 2023 • News, Insights

Whistleblowing: Italian companies still non-compliant just before 17 December deadline (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 13 December 2023 – Vittorio De Luca)

The task force focus team highlights companies’ failure to adopt decree provisions. Six months after the entry into force of the Italian legislative decree on Whistleblowing the dedicated task forceof De Luca & Partners’, a leading law firm in consultancy and assistance in employment law, analyses its actual implementation by Italian companies. The decree requires ....

12 December 2023 • Insights

Excessive company delays on anonymous complaints run the risk of sanctions (L’Economia de Il Corriere della Sera – 11 december 2023, Vittorio De Luca)

Since the beginning of 2023, a task force at law firm De Luca & Partners has been entirely dedicated to the new decree on Whistleblowing which requires employers to implement a system of safeguards and protection for those who report crimes and irregularities in the workplace. The task force offers legal support to companies in ....