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

3 August 2023 • News

Climate change: protecting workers from injuries becomes a priority

The Ministry of Labour and Social Policies has published on its institutional website a Vademecum providing guidelines for the management of workers who are exposed (indoors and outdoors) to high temperatures during the summer period. The preamble states that “in the light of climate change scenarios, the protection of workers from temperature-related accident risks is ....

31 July 2023 • Insights

Italian Court of Cassation: Defence checks on employee’s company e-mail

By judgment No. 18168 of 26 June 2023, the Italian Court of Cassation once again addressed the issue of the limits of employer controls via the use of IT tools, establishing the unlawfulness of dismissal and the non-usability of evidence gathered following a check on an employee’s company e-mail carried out by the employer company ....

31 July 2023 • Insights

Void trial period agreement and withdrawal ad nutum: no reinstatement, but mere indemnity protection

The Italian Court of Cassation in its very recent judgment No. 20239 of 14 July 2023 ruled on the issue of an employer’s withdrawal ad nutum that was given on the basis of a trial period agreement, which was declared null and void, stating that, where the dismissal does not fall under any of the ....

31 July 2023 • Insights

Court of Turin: the right to Naspi in the case of resignation due to transfer

By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require the worker to prove that the transfer was unjustified if the new place of work is more than 50 km away from his/her residence. The facts of ....

31 July 2023 • Insights

Dismissal: the disciplinary code is not required for conduct that is manifestly contrary to workers’ duties

With the recent judgment No. 20284 of 14 July 2023, the Italian Court of Cassation ruled that, even though not specifically provided for in the disciplinary code, breaches by the employee of the fundamental duties underlying the employment relationship are valid grounds for dismissal. The facts of the case An employee working as a Level ....

31 July 2023 • News, Insights

DID YOU KNOW THAT… On 4 July, the Italian law converting the ‘Employment Decree’ came into force?

The ‘Employment Decree’ (Italian Decree Law No. 48/2023) was converted into Italian Law No. 85 of 3 July 2023, which introduced important innovations for employers. Below is an analysis of the main changes introduced in the field of: (i) forward contracts; (ii) staff-leasing contracts; (iii) the right to ‘remote’ working. As regards fixed-term contracts, the ....

17 July 2023 • News

Artificial intelligence in recruitment: the possible risks of non-neutral criteria and candidate profiling (Norme & Tributi Plus Lavoro, 17 July 2023 — Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

Artificial intelligence (AI) is playing an increasingly important role in the recruitment phase, offering new opportunities and challenges for personnel selection processes.The use of artificial intelligence in the preparatory phase of the employment relationship is becoming ever more important in the following activities:– Resume screening: AI can be used to perform the initial screening of ....

12 July 2023 • News, Insights

Fears over the future of work: the impact of artificial intelligence (Guida al Lavoro of Il Sole 24 Ore, 30 June 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal issues surrounding the use of such technologies and their consequences. Modern technologies – with their increasing impact on society and customs – pose the issue of devising ....