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 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 ....

26 September 2023 • Insights, News

Accidents at work resolved through settlement: future damages remain compensable if unforeseeable nature of health deterioration is proven

In its recent Order No. 25603 of 1 September 2023 the Italian Court of Cassation established that a worker who has suffered an accident at work, which is the subject of a subsequent settlement with the employer, can always request compensation for damages which occurred subsequently and were not foreseeable at the time of the ....

26 September 2023 • Insights

DID YOU KNOW THAT… so-called ‘fertility benefits’ are increasingly widespread in the United States as tools for attracting new resources?

The latest frontier of company benefits comes from the United States, where, according to an analysis conducted by the Wall Street Journal, it is increasingly common for employers to offer, as a means of attracting talent, so-called “fertility benefits”, i.e. a series of services to cover the expenses necessary for clinical treatments for people suffering ....

25 September 2023 • Insights, News

Training software against bias (L’Economia – Corriere della Sera, 25 September 2023, Vittorio De Luca)

AI plays an increasingly important role in the recruitment phase, offering new opportunities in recruitment processes. In particular, the use of AI is already rapidly gaining momentum in algorithmic hiring, the personnel selection procedure wholly or partially entrusted to algorithms that is considered faster, more reliable and cheaper”. Commenting on AI used in recruitment, Vittorio De ....

21 September 2023 • Insights, News

Difficulty in finding workers? Companies now seek to finance fertility programmes (La Repubblica, 20 September 2023 – Vittorio De Luca)

Incentive takes hold in the United States, while still rare in Italy. Quacquarelli (Bicocca): “Certain topics remain taboo here” MILAN – Employment is growing, unemployment benefit claimants are falling, and wages are above inflation. The US employment market is experiencing a golden age and this pushes companies to look for new ways to recruit staff. After ....