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

27 October 2022 • Insights

Minimum Wage in the European Union

On September 14, 2022, the European Parliament finally approved the directive implementing the minimum wage principle in the European Union. The directive was also finally approved on October 4 by the Council of the European Union. The goal is to ensure “a reasonable standard of living”, the directive states. The latter does not provide for ....

24 October 2022 • News, Insights

Aiuti-ter, more restrictions on large companies, the aim is to protect employment (Affari & Finanza 24 October 2022 – Vittorio De Luca)

The outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a strain on the national production fabric and employment. The government intervened by issuing the Aiuti (Aid) decree (Decree Law 50/2022) and later the Aiuti-ter decree (Decree Law ....

21 October 2022 • News, Insights

Accident at work, rebuttable presumption for the virus contracted at work (Guida al lavoro of Il Sole 24 Ore, 21 October 2022 – Alberto De Luca, Luca Cairoli)

Contracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....

18 October 2022 • News

HR BREAKFAST “Gender Gap – guidelines” (De Luca & Partners – HR Capital, 18 October 2022)

On Thursday, 18 October De Luca & Partners and HR Capital organised a new HR Virtual Breakfast. Speakers include De Luca & Partners Salary Partner Stefania Raviele, De Luca & Partners Associate Claudia Cerbone and HR Capital S.r.l., Employment Consultant Roberta De Felice. They will analyse the gender gap, with a technical and regulatory focus ....

13 October 2022 • News, Insights

A written dismissal notice cannot be proved by witnesses (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 11 October 2022 – Vittorio De Luca, Marco Giangrande)

A disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack of the required legal format In its order no. 26532 of 8 September 2022, the Court of Cassation stated that the power attributed to the Employment Tribunal ....

7 October 2022 • News, Insights

Dismissal for exceeding the protected period declared null and void: reinstatement for companies under 15 employees (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 7 October 2022 – Alberto De Luca, Claudia Cerbone)

The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding the protected period is confirmed, the special penalty regime under paragraph 7 of Art. 18 of the Workers’ Statute applies. This includes the reinstatement, regardless of the ....

7 October 2022 • News, Insights

Personnel report by 14 October (Il Quotidiano del Lavoro of Il Sole 24 Ore, 6 October 2022 – Vittorio De Luca, Stefania Raviele)

The 14 October deadline requires companies with more than 50 employees to submit the two-year personnel report for 2020-2021, governed by Article 46 of Legislative Decree 198/2006. This obligation was reformulated by law no. 162/2021. This was issued to continue the gender equality process – a European objective included in the NRP. The changes concerning ....

3 October 2022 • News, Insights

Transparency Decree: new obligations for the employer

Legislative Decree No. 104 of June 27, 2022 implementing EU Directive No. 2019/1152 on transparent and predictable working conditions in the territory of the European Union was published in the Official Gazette on July 29, 2022. The decree adds additional information obligations to those hitherto provided for by Legislative Decree No. 152/1997, providing for an ....