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

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 ....

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 ....