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

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 ....

29 November 2022 • Insights

Straining occurs when the harassment is not continuous and there is no malicious intent on the part of the employer

With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from mobbing. The proceedings arise from the appeal presented before the Court of Paola by a municipal employee who complained of having been subjected to malicious conduct by ....

29 November 2022 • Insights, News

Reform of employment proceedings

On 17 October 2022, Italian Legislative Decree No 149/2022, implementing Italian Delegated Law No 206/2021, was published in the Italian Official Gazette, under which the reform of the civil litigation proceedings is also extended to the rules governing employment proceedings. The objective is to reorganise and consolidate the various changes that, in recent years, have ....

29 November 2022 • Insights

DID YOU KNOW THAT… The exemption threshold for fringe benefits has been increased to EUR 3,000?

On 18 November 2022, Italian Decree-law No 176/2022 (the ‘Aiuti–quater [LT1] Decree’) containing additional measures to support the energy sector and relating to employment and public finance, was published in the Italian Official Gazette. With reference to the new initiatives in the employment sphere, the Aiuti-quater Decree provided for a further increase in the tax and ....

23 November 2022 • Insights, News

Sustainable Humanity, Stefania Raviele’s interview on switch up, Rinascita Digitale format

During this episode Stefania Raviele delved into the issues of inclusion and gender equality within corporate organizations and how they are required to take into account numerous factors such as ESG, LGBTQ+, D&I, Welfare, Gender Equality, and Parenting Support. You can watch the full interview on Rinascita Digitale.