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

5 September 2023 • News, Insights

“Whistleblowing” new regulations and new obligations for employers. Where to start? (AIDP, 5 September 2023 – Stefania Raviele, Martina De Angeli)

After a long wait and several postponements, on 25 March 2023 Italian Legislative Decree no. 24 of 10 March 2023 (the “Decree”) was published in the Italian Official Gazette no. 63 of 15 March 2023. With the Decree the Italian legislator implemented Directive (EU) 2019/1937 “on the protection of persons who report breaches of Union law and ....

1 September 2023 • News, Insights

Notes on the impact of Artificial Intelligence on human resources and thoughts on the foreseeable future of legal profession (IPBA Journal n. 111, September 2023 – Alberto De Luca)

After a silent and rapid incubation, computer systems that can perform tasks that would normally require human intelligence (also known as Artificial Intelligence), have become reality and represent one of the hottest challenges (if not the greatest and more complex) which enterprises are now held to face and in most cases, not to put at stake ....

29 August 2023 • Insights

EU-US Data Privacy Framework: new safeguards for the transfer of personal data to the USA

On 10 July 2023, the European Commission adopted an adequacy decision for the EU-US Data Privacy Framework ensuring that the United States of America guarantees an adequate level of protection of personal data comparable to that of the European Union. The adequacy decision is one of the tools provided for by Regulation (EU) 2016/679 (the ....

29 August 2023 • Insights, News

Remote Working and jurisdiction – there must be objective connection with the company

In its recent order No. 19023 of 5 July 2023, the Italian Court of Cassation has ruled on geographical jurisdiction under Article 413 of the Italian Code of Civil Procedure. The Court ruled that the worker’s home, from which he performed his work through remote working, could not be classified as a company dependence in ....

29 August 2023 • Insights

Worker who has just exceeded protected period cannot be dismissed

The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads to a disability immediately after exceeding the protected period, but must make reasonable arrangements for the preservation of the job, in compliance with the principles of good ....

29 August 2023 • Insights

Job-related illness does not fall within protected period if there has been no specific training

By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related to the tasks for which they are employed, sick days attributable to harmful working conditions do not count towards the protected period. This applies even if the ....

29 August 2023 • Insights

DID YOU KNOW THAT… It is better not to postpone holiday leave? 

With its recent judgment No. 17643 of 20 June 2023, the Italian Court of Cassation affirmed the principle that the limitation period for a worker’s right to receive compensation in lieu of untaken holiday leave and weekly rest starts from the termination of the employment relationship, except where the employer proves that the worker was ....

7 August 2023 • News, Insights

Italian Transparency Decree obligations continue to apply to fully automated systems (Norme e Tributi Plus Lavoro of Il Sole 24 Ore, 7 August 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

Workers must be informed of the use of fully automated decision-making or monitoring systems. In particular they must be informed of the aspects of the relationship involved, the purposes and purposes of the systems, and how they operate. The emergence of technologies using artificial intelligence systems and their increasing use has ushered in a new ....