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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.

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ALL NEWS AND INSIGHTS

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 ....

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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 ....

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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, ....

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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 ....

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28 April 2023 • News, Insights

The issue of video cameras in the workplace (Wired, 28 April 2023 – Enrico De Luca)

An order of the Court of Cassation recognises that an employer may use security camera footage for disciplinary purposes Employers may use security camera footage for disciplinary purposes. This has been confirmed by the Court of Cassation in Order of 23 March 2023, No 8375. Remote control of workers’ activities As is now well known, Article ....

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27 April 2023 • News, Insights

Deadline to apply for gender equality social security relief extended to 30 April

In its message no. 1269 of 3 April 2023, the INPS [Italy’s National Social Security Institute] extended the deadline for submitting the request for social security contribution exemption for private employers who are in possession, as of 31 December 2022, of the gender equality certification referred to in Article 46-bis of Legislative Decree of 11 ....

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17 April 2023 • News, Insights

Collective dismissals: the conditions to limit them to certain corporate departments (Newsletter Norme & Tributi n. 168 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established case-law, recently confirmed by the Court of Cassation, Labour Division, judgment No. 3511 of 6 February 2023, at certain conditions, an employer may limit the pool of ....

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17 April 2023 • Insights, News

Damages for demotion taxed if the nature of the compensation is not specified (Norme & Tributi Plus Diritto De Il Sole 24 Ore, 13 April 2023 – Alberto De Luca, Claudia Cerbone)

The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation, Tax Division, by Order No 8615 of 27 March 2023 returned to examine the complex subject of the taxation regime applicable to the compensation due in connection ....

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