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

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 ....

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 ....

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 ....

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 ....

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 ....

29 May 2023 • News, Insights

DID YOU KNOW THAT… On 5 May 2023 the so-called ‘Employment Decree’ came into force?

On 4 May 2023, Italian Decree Law No 48/2023 (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ was published in the Italian Official Gazette. The Decree introduced important initiatives on employment law, social security and social assistance, with effect from 5 May 2023. One of the main ....

19 May 2023 • News, Insights

Collective dismissal, ‘extended’ comparison even if restructuring affects a single unit (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 19 May 2023 – Valentino Biasi, Luigi Picciarelli)

The comparison between redundant employees can be limited only to employees of a unit or sector, subject to their ability, due to previous employment in other company departments, to perform the jobs of other colleagues – Employees bear the burden proof of showing that the various duties are interchangeable. The Italian Court of Cassation, in ....

17 May 2023 • News, Insights

Whistleblowers on alert (Italia Oggi, 17 May 2023 – Alberto De Luca, Julia Ivankovic)

Whistleblowers liable for similar actions The legislation that protects an employee who reports unlawful conduct which he/she has become aware of due to his/her duties is ‘aimed at preventing unfavourable consequences for the fact in itself of having reported unlawful conduct, but certainly does not create exemptions with respect to the offences that that person ....