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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.

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ALL NEWS AND INSIGHTS

21 June 2023 • News, Insights

Dismissal ordered on basis of examples in CCNL is lawful, subject to proportionality assessment (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 21 June 2023 – Alberto De Luca, Chiara Carminati)

Worker’s recidivism also taken into account for purposes of correct legal classification of conduct within context of just cause for dismissal. The Italian Court of Cassation, Employment Division, with judgment no. 15140 of 30 May 2023, returned to deal with the dismissal for just cause of a worker on a fixed-term contract for repeated negligence in ....

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14 June 2023 • News, Insights

Employment & Labour Law – Global Legal Insights, eleventh Edition (Vittorio De Luca, Roberta Padula e Claudia Cerbone)

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2023 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

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7 June 2023 • News, Insights

Trial judge determines just cause for dismissal (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 7 June 2023 – Valentino Biasi)

Dismissal for just cause of worker who gives personal badge to others to certify (false) attendance at the company is lawful. The Italian Court of Cassation, by order no. 10239 of 18 April 2023, confirmed the decision taken by the Court of Appeal of Lecce which had held a dismissal for just cause of a ....

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30 May 2023 • News, Insights

Decreto lavoro: disclosure obligations under the Transparency Decree made easier (Newsletter Norme & Tributi n. 169 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Decree-Law 48 of 4 May 2023, so-called  “Decreto Lavoro“, which came into force on 5 May, lays down new measures to, inter alia, simplify the employment disclosure requirements to which companies are subject under the so-called “Decreto Trasparenza” (Legislative Decree 104/2022). Unlike in the past, some of the information that employers were bound to provide ....

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29 May 2023 • Insights

Pseudonymised data: Court of Justice of the European Union rules against European Data Protection Supervisor

In judgment of 26 April 2023 (case T-557/20), the Court of Justice of the European Union (‘CJEU’) ruled that pseudonymised data transmitted to a recipient who does not have the means to identify the data subject is not personal data. This means that such information does not fall within the scope of the legislation on ....

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29 May 2023 • Insights

Refusal to work part-time: when is dismissal lawful for justified objective reason?

With order No 12244 of 9 May 2023, the Italian Supreme Court of Cassation confirmed that if an employee refuses to go from full-time to part-time, he/she may be lawfully dismissed if the dismissal is not based on the employee’s refusal but is because the employer is unable to use the employee’s full-time services. The ....

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29 May 2023 • Insights, News

Italian Court of Cassation: if there is no employer liability, absences due to accidents are counted in the protected period (periodo di comporto)

By order No 11136 of 27 April 2023, the Italian Court of Cassation ruled on the subject of dismissal for exceeding the job retention period. The Court held that absences due to injury caused to the employee by things in the employer’s custody must be included in the protected period, if the employer is able ....

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29 May 2023 • News, Insights

Italian Court of Cassation: employer’s repêchage obligation (obligation to relocate) – necessary to evaluate also positions that will become available in period close to dismissal

By judgment No 12132 of 8 May 2023, the Italian Court of Cassation ruled on the subject of dismissal for justified objective reason. The Court specified that in the assessments of the possibility of relocating the employee before proceeding with the dismissal (so-called repêchage obligation), the employer is required to take into consideration not only ....

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