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

30 September 2022 • Insights

Unilateral termination of an enterprise bargaining agreement is anti-union (Newsletter Norme & Tributi n. 162 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

By an order of 25 April 2022, the Court of Bologna held that the early termination by the employer, effective immediately, of the financial aspects of an enterprise bargaining agreement is anti-union behaviour. The contract in question was valid from 1 June 2019 to 31 March 2023 and was to be renewed year by year, ....

27 September 2022 • Insights

The definition of worker for safety purposes according to the Court of Cassation

The Court of Cassation,  IV criminal section, in its ruling no. 23809 of 21 June 2022, clarified the definition of “worker” for workplace health and safety purposes. Facts of the case The case arose from the accident that occurred to an “illegal” worker who fell from the provided ladder while he was trying to remove ....

27 September 2022 • Insights

The employer can challenge the assessment notice issued by the Labour Inspectorate for pecuniary claims

The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without the assessment being made final, which can be challenged. With order no. 23744 of 29/07/2022, the Court of Cassation confirmed this, and stated that the warning notice ....

27 September 2022 • Insights

Court of Cassation ruling no. 26246/2022: the statute of limitations for claims runs from the employment termination

In ruling no. 26246 of 6 September 2022, the Court of Cassation resolved the legal contrast about the statute of limitations start date for employee claims in companies with more than 15 employees, clarifying that, after Law no. 92/2012 ( “Fornero Reform”), the statute of limitations no longer starts during the employment relationship. Facts of ....

27 September 2022 • Insights

National Labour Inspectorate note no. 9550 of 6 September 2022 – Leave and time off of parents and caregivers

The National Employment Inspectorate (”INL”), with note no. 9550 of 6 September 2022 set the new provisions of Legislative Decree no. 105 of 30 June 2022, (the “Decree“) on leave and time off and other measures for the protection of caregivers. The Decree, also known as the “Work-Life Balance Decree” entered into force on 13 ....

27 September 2022 • Insights

DID YOU KNOW THAT… the law converting decree law no. 115/2022 (“Aiuti bis” Decree) was published in the Official Gazette?

Law no. 142, of 21 September 2022,  converting decree law no. 115 of 9 August 2022, (“Aiuti-bis” decree) on “Urgent measures on energy, water emergency, social and industrial policies” was published in the Official Gazette no. 221 of 21 September 2022. The law introduced important changes on remote working. The use of simplified remote working, ....

26 September 2022 • Insights, News

Business termination: redundancies, a squeeze for big companies (L’Economia – Corriere della Sera, 26 September 2022 – Vittorio De Luca)

In the recently approved Aiuti ter decree, there is a squeeze on provisions applicable to employers with more than 250 employees who intend to lay off at least 50 employees, due to branches or plant closure as part of a definitive business termination. De Luca & Partners managing partner lawyer Vittorio De Luca, said: “The ....

20 September 2022 • News, Insights

The legitimacy of checks by the employer through a detective agency (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 20 September 2022, Vittorio De Luca, Marco Giangrande)

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. According to the Supreme Court, the employer may use a detective agency if offences have been committed or there ....