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

25 August 2025 • News, Insights

Parità di genere, gli strumenti ci sono, la moda li adotti (The Platform, 25 agosto 2025 – Martina De Angeli)

Parità di genere nel settore moda: tra inclusività, obblighi normativi e pratiche virtuose Il settore della moda si trova oggi a confrontarsi con principi come l’inclusività e la parità di genere. Principi che non devono intendersi applicabili solo alle scelte creative o comunicative proprie del settore ma ad obblighi etici e normativi che prevedono il ....

13 August 2025 • Insights

Attendance tracking: the Italian Data Protection Authority reaffirms the ban on using fingerprints

“The use of biometric data in the workplace is permitted only if explicitly provided by specific legal provisions that protect employees’ rights. Such processing must serve a public interest and meet the criteria of necessity and proportionality with respect to the pursued objective”. This was reaffirmed by the Italian Data Protection Authority (i.e. “Garante Privacy”) ....

13 August 2025 • Insights

Dismissal for just cause: independent relevance of each charge

In its Order No. 16358 of June 17, 2025, the Italian Supreme Court addressed the topic of dismissal for just cause, clarifying the distribution of the burden of proof and the appropriate approach that courts must adopt when the dismissal is based on multiple charges. The case The case involved a disciplinary dismissal imposed by ....

13 August 2025 • Insights

DID YOU KNOW THAT… collective bargaining agreements may legitimately allow work to be performed even on midweek public holidays?

With Order No. 42802 of December 20, 2023, the Italian Supreme Court – Labour Section – clarified that the employee’s right to abstain from work on midweek holidays, although recognized under Italian law, is neither absolute nor non-negotiable, and can validly be regulated by collective bargaining agreements. In the case at hand, some employees engaged ....

8 August 2025 • Insights

Social media profiles and private chats of employees: What are the limits of using such data in disciplinary proceedings? The position of the Italian Data Protection Authority

In Provision No. 288 of May 21, 2025, the Italian Data Protection Authority fined an Italian company €420,000 for unlawful processing of an employee’s personal data later used to justify her dismissal. The case The employee filed a complaint against the company, alleging improper use of her personal data extracted from her “Facebook” profile, the ....

5 August 2025 • Insights, News

Challenging Dismissal and the Employee’s Natural Incapacity (Modulo 24 Contenzioso Lavoro, August 5, 2025 – Vittorio De Luca, Alessandra Zilla)

Analysis and Implications of Constitutional Court Ruling No. 111/2025, Which Also Introduces a New Factual Variable in Dismissal Litigation: the Employee’s Psycho-Physical Health Status With ruling No. 111/2025, filed on 18 July 2025, the Constitutional Court delivered a significant decision in labor law, declaring the partial constitutional illegitimacy of Article 6, first paragraph, of Law ....

31 July 2025 • News, Insights

Oral dismissal: who bears the burden of proof?

In its recent Judgment No. 2385 of June 5, 2025, the Court of first instance of  Catania reaffirmed that, in cases challenging the validity of a dismissal allegedly communicated orally, the burden of proof lies with the employee, in accordance with the general principles set out in Article 2697 of the Italian Civil Code. The ....

31 July 2025 • Insights

DID YOU KNOW THAT… the simulation of a service contract is not sufficient to constitute a criminal offense without proof of tax evasion intent?

With Judgment No. 25167 of July 9, 2025, the Italian Supreme Court – Third Criminal Division – reiterated that, in order to establish the criminal offense of fraudulent tax return through the use of invoices for non-existent transactions (Article 2, Legislative Decree No. 74/2000), it is necessary to verify not only the awareness of the ....