News & Insights

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Think Tank

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.

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Insights, News

Right of criticism and disciplinary sanctions

“By including the role of workers’ safety representative (i.e. “RLS”) in the area of protected subjects such as trade unionists as representatives of collective interests, the expression of…

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Stock Option, The Court of Appeal of Milan rules on the calculation of remuneration (Norme & Tributi Plus Lavoro Il Sole 24 Ore, 9 September 2024 - Vittorio De Luca, Roberta Padula, Alesia Hima)

The Court of Appeal of Milan, in its judgment no. 470/2024, again addressed the issue of whether the income from the sale of stock options may be included…

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Accident at work: employer’s liability is not limited by appointment of a supervisor

In relation to accidents at work, the appointment of a supervisor is not sufficient to avoid the employer’s conviction. This was established by the Italian Court of Cassation,…

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Reclassification of temporary self-employment: consequences for compensation

With order no. 17450 of 25 June 2024, the Italian Court of Cassation – confirming its previous position – ruled that in the event that an employment relationship…

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DID YOU KNOW THAT...The repêchage obligation (obligation to relocate) also extends to fixed-term contracts?

Dismissal for a justifiable objective reason is unlawful if the employer does not prove that it has offered the worker lower-level positions, even on a fixed term basis.…

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Are Influencers commercial agents? (Mag Life Style, 1 August 2024 – Vittorio De Luca)

Following the recent cases that marked a significant moment in the evolution of influencers’ activity, highlighting how crucially important authenticity is between influencers, brands and users, the recent…

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Italian Data Protection Authority: no to attendance monitoring via facial recognition and no to monitoring workers’ activities

Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things…

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Italian Constitutional Court: reinstatement even if the fact underlying the dismissal for an objective reason does not exist

In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional.…

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