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

19 October 2023 • News

Webinar “The new whistleblowing law: small step forward or breakthrough?” (RSM Studio Tributario e Societario, 18 October 2023 – Vittorio De Luca)

Vittorio De Luca took part in the conference promoted by RSM Studio tributario e societario entitled: “The new whistleblowing law: small step forward or breakthrough?”. Focus In the course of his speech, Vittorio addressed the employment law aspects of the whistleblowing regulations: in particular, he examined the measures put in place to protect those who ....

18 October 2023 • News, Insights

Right to use holidays to avoid exceeding job retention period (comporto): limits and conditions (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 18 October 2023 – Vittorio De Luca, Alessandra Zilla)

  With Order no. 26697 of 21 September 2023, the Italian Court of Cassation ruled that an employer can deny holidays requested by a worker to avoid exceeding the limit of the job retention period only in the event that there are actual and genuine obstacles. The worker’s illness and the job retention period Under ....

5 October 2023 • News, Insights

EU directive on equal pay and transparency: the effects of its implementation in Italy (Guida al Lavoro – Il Sole 24 Ore, 5 October 2023 – Alberto De Luca)

Directive (EU) 2023/970 introduces new employee protection and new employer obligations on equal pay and transparency. The Directive requires Member States to adapt their local legislation, promoting (and even imposing) wage transparency including in relation to private employment relationships. The same obligations will apply to employers with between 150 and 249 workers, who will be ....

3 October 2023 • Insights, News

Self-certification for admission of foreign workers

Decree of the Italian President of the Council of Ministers (‘Decree’) of 6 July 2023 set out the guidelines for planning entry flows of foreign workers for the three-year period 2023-2025. The Decree provides the criteria for determining new entry flows, setting a three-year quota of a total of 452,000 admissions for employees (both seasonal ....

29 September 2023 • News, Insights

No reinstatement to work in case of an invalid probationary period agreement (Newsletter Norme & Tributi n. 171 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of dismissal due to unsuccessful trial period, in a case in which the probationary period agreement was null and void. The Court ruled that workers subject to the so-called “rising protection” legislation (i.e., workers hired after 7 March 2015) ....

26 September 2023 • Insights, News

Italian Data Protection Authority: employee has right to access report of investigative agency appointed by employer

With Ruling dated 6 July 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that data processing carried out by a public utility service company (the “Company”) was unlawful. The DPA ruled that an employer has an obligation to allow a worker to access all his or her personal ....

26 September 2023 • Insights, News

Right to use holidays to avoid exceeding job retention period (comporto): limits and conditions

With Order No. 26697 of 21 September 2023, the Italian Court of Cassation ruled that an employer can deny the holidays requested by a worker to avoid exceeding the limit of the job retention period only in the event that there are actual and genuine obstacles. The facts of the case The matter originated from ....

26 September 2023 • Insights, News

Acquittal in criminal proceedings makes dismissal unlawful

One of the fundamental requirements in the context of disciplinary complaints is consistency between the charge alleged against a worker and the underlying sanction imposed. This principle is aimed at ensuring a fair and just procedure in the context of employment relationships, to prevent the employer from carrying out dismissals based on circumstances over and ....