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

23 December 2022 • News, Insights

Excessive morbidity, discriminatory and retaliatory dismissal where the protected period has not been exceeded (Norme e Tributi Plus Lavoro, 23 December 2022 – Enrico De Luca, Raffaele Di Vuolo)

In the event of repeated absences – which have not exceeded the limit of the protected period – the onus is on the employer to prove the additional reasons justifying the dismissal. Dismissal based on an employee’s repeated absences from the workplace on days close to rest days and/or public holidays constitutes an unfair and ....

22 December 2022 • News, Insights

Assisted negotiation extended to employment disputes (Mag de Legalcommunity, 21 December – Alberto De Luca, Luca Cairoli)

The Reform of the Civil Proceedings, (Italian Legislative Decree No 149 of 10 October 2022) will extend, with effect from 30 June 2023, the ‘assisted negotiation’ procedure to employment disputes. From that date the employer and employee, if assisted by lawyers or employment consultants, will be able to sign final and non-appealable conciliation minutes (in ....

20 December 2022 • News

Gender equality: the rules that every company needs to know (We Wealth, 12 December 2022 – Stefania Raviele)

In Italy the Golfo-Mosca law requires that 40% of the boards of listed companies are made up of the underrepresented sex. But that’s not all. Here’s everything a company needs to know to comply with gender equality laws Raviele: “In Italy, as in Europe, the principle of gender equality has historic origins. The first source ....

14 December 2022 • News

Gender equality: the European map of new rules for companies (We Wealth, 9 December 2022 – Stefania Raviele)

We Wealth with the support of Chiara Torino (partner of Toffoletto De Luca Tamajo) and Stefania Raviele (salary partner of De Luca & Partners) has developed the European map of gender equality regulations. Here are the new rules for listed and unlisted companies, from women at the top to the gender pay gap. The European ....

2 December 2022 • News, Insights

Whistleblowing: the new deadline for the Italian Government 

The Italian Government has a new deadline to adopt the necessary legislation to implement Directive (UE) no. 2019/1937 concerning “the protection of persons who report Union law violations” (the “Directive”), since the December 17, 2021, deadline has been missed.   In particular, according to the Law no. 127/2022 entered into force on September 10, 2022, the ....

30 November 2022 • News, Insights

Business transfer: agreement with the Unions can derogate from statutory working conditions (Newsletter Norme & Tributi n. 164 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business – or parts thereof – concerning companies that are in a crisis, or which have been subjected to special administration, when the activity continues or, however, is not terminated, an agreement reached ....

29 November 2022 • Insights

Italian Court of Cassation: work clothes that act as a protective barrier are PPE

The Italian Court of Cassation, with order of 11 October 2022, No 29720, confirmed that ‘any equipment, ancillary or accessory which could actually constitute a protective barrier, however small or limited, with respect to any risk to the health and safety of the worker in compliance with Article 2087 of the Italian Civil Code’ falls ....

29 November 2022 • Insights

A late medical certificate justifies absence

The Italian Court of Cassation, with judgment No 33134 of 10 November 2022, established that there is no unjustified absence if a worker delivers the medical certificate of illness after receiving the disciplinary complaint. The facts of the case Following an unjustified absence lasting seven days, a worker was dismissed for just cause. Both the ....