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

2 November 2023 • Insights

Dismissal for objective reason of worker who refused full time work: burden of proof for lawfulness of dismissal

In order no. 29337 of 23 October 2023, the Italian Court of Cassation ruled that dismissal for objective reason in the event of refusal to work part time (or vice versa full time) is not in itself unlawful, but involves a redetermination of the justified objective reason and the burden of proof placed on the ....

2 November 2023 • Insights

DID YOU KNOW THAT… the Ministry of Labour, with circular no. 9 of 9 October 2023 provided important clarification on the regulations governing fixed-term contracts?

With this circular the Italian Ministry of Labour provided its first guidelines on the most significant new initiatives introduced by Italian Decree-Law no. 48 of 2023, converted into law with amendments by Italian Law no. 85 of 3 July 2023, on fixed-term contracts. From among these, the most significant clarification provided by the Ministry concerns ....

31 October 2023 • News, Insights

Theft of company assets: what consequence? (Newsletter Norme & Tributi n. 172 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By Order no. 27353 of 26 September 2023, the Court of Cassation ruled on the case of an employee who had been dismissed for stealing company assets of low value. The employee challenged his dismissal and brought a legal action asking to be reinstated back to work. The Court, while ruling out the annulment of ....

26 October 2023 • News, Insights

Challenges, opportunities and advantages of sustainable leadership (Guida al Lavoro – Il Sole 24 Ore, 20 October 2023 – Valentino Biasi)

Sustainable leadership cannot and must not simply be a passing trend, but must represent the new approach to entrepreneurship, aimed at combining financial profit with the long-term preservation and development of the community. In the current global economic environment, more and more companies are placing the pursuit of sustainability goals at the centre of their ....

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 ....