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

15 May 2023 • Insights, News

Valentino Biasi new Salary Partner at De Luca & Partners

De Luca & Partners continue to reinforce the Firm’s governance Milan, 15 May 2023 – De Luca & Partners – employment law firm announces the appointment of Valentino Biasi as a Salary Partner of the Firm. The appointment is part of the reinforcement of the Firm’s governance process that De Luca & Partners has been ....

12 May 2023 • News, Insights

The EU Commission bans TikTok. Would it be possible in Italy? (Dealflower, 12 May 2023 – Enrico De Luca, Julia Ivankovic)

As is well known, on 23 February 2023 the European Commission requested its employees and collaborators to uninstall the TikTok social network application from their business and personal electronic devices. This request was accompanied by the notice that, for those who had not uninstalled the social network by 15 March, it would no longer be ....

11 May 2023 • News, Insights

Italian Court of Cassation: use of security camera footage for disciplinary purposes is lawful

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the caseThe case arose from a disciplinary sanction of suspension from duty and pay for ten days imposed on ....

10 May 2023 • News, Insights

Video cameras and disciplinary breaches (MAG de Legalcommunity, 10 May 2023 – Enrico De Luca, Martina De Angeli)

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the case and the first and second instance proceedings The case arose from a disciplinary sanction of suspension from ....

5 May 2023 • Insights, News

Violation of the Transparency Decree on the matter of automated tools entails anti-union conduct also if it concerns riders (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 5 May 2023 – Alberto De Luca, Luigi Picciarelli)

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information required by Art. 1-bis of Legislative Decree of 26 May 1997 introduced by the Transparency Decree and requested by specific communication, dated 22 December 2022 It is ....

4 May 2023 • News, Insights

Manager does not take up his duties: penalty clause in letter of appointment is valid

In its recent judgment of 21 March 2023, the Court of Forlì confirmed the lawfulness of a penalty clause in a letter of employment if the worker does not take up employment on the start date agreed upon by the parties, even when the employment is subject to a probationary period. The facts of the ....

4 May 2023 • Insights, News

Italian Court of Cassation: Dismissal for poor performance, proof of significant breach of duty required

By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type of dismissal falls within the scope of dismissals for justified subjective reasons resulting from a significant breach by the worker of his/her contractual obligations. In this context, ....

4 May 2023 • News, Insights

DID YOU KNOW THAT… The INL has provided its operational guidelines for the issuance of authorisations under Article 4 of the Workers’ Charter?

The National Labour Inspectorate (Ispettorato Nazionale del Lavoro, ‘INL’), in note No 2572 of 14 April 2023, provided operational guidelines for the issuance of authorisations for video surveillance systems and instruments which enable remote control of workers within the meaning of Article 4 of the Workers’ Charter (Italian Law No 300/1970). As set out in ....