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.
With an Order dated 11 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed on a company the payment of an administrative fine equal to EUR 5,000 for having kept active and read the contents of the email account of a collaborator. The facts During some ....
With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave under Article 33, paragraph 3 of Italian Law 604/92, carries out the assistance activity in times and ways such as to mainly satisfy the needs of seriously ....
With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian Court of Cassation), the Italian Supreme Court of Cassation ruled that the transferred employee, who sees the employment relationship with the transferor judicially restored, is not entitled ....
Italian Legislative Decree no. 24 of 10 March 2023 (the ‘Decree’), implementing Directive (EU) 2019/1937 and ‘on the protection of persons who report breaches of Union law and containing provisions concerning the protection of persons who report breaches of national regulatory provisions’ (so-called Whistleblowing Directive),has been published in the Italian Official Gazette no. 63 of ....
Our partner Alberto De Luca participated in the 31st Annual Meeting and Conference of the Inter-Pacific Bar Association (IPBA). Alberto took part in the panel discussion entitled: ”Lawyer, I want to fire an employee in another country for poor performance. How do I do this and what are the risks?” The discussion dealt with an ....
On 24 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) provided some interpretative and operational guidelines on data protection, which arose following the entry into force of Italian Legislative Decree of 27 June 2022, No 104 (also known as the ‘Transparency Decree’). As is well-known, Article ....
In its recent judgment No 5288 of 20 February 2023, the Italian Court of Cassation ruled that, with reference to the national collective bargaining agreement for employees in the tertiary sector (hereinafter the ‘CCNL’), the job retention period of 180 days, to be calculated in a calendar year starting from the first episode of illness, ....
With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the subject of separate disciplinary proceedings cannot be used as a basis for dismissal on the grounds of poor performance. Poor performance consists in a breach by the ....
