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

1 September 2022 • Insights, News

A new remote working regulation applies from today (Economy Magazine, 1 September, 2022 – Vittorio De Luca)

Economy asked some questions to De Luca & Partners Managing Partner Vittorio De Luca about remote working. From today 1 September 2022,   remote working, cannot be carried out without a precise individual agreement with the worker. Economy asked some questions to De Luca & Partners Managing Partner Vittorio De Luca. WHEN WILL EMPLOYERS WITH REMOTE ....

29 August 2022 • News, Insights

A dismissal is legitimate even if it does not punish similar conduct committed by colleagues (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 29 August 2022 – Enrico De Luca, Raffaele Di Vuolo)

The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees has been sanctioned with conservative measures. The court may recognise different solutions for identical cases.  This principle was upheld by the Court of Cassation in Order no. ....

26 August 2022 • Insights, News

A difficult autumn, waves of questions about CIGS (Extraordinary Redundancy fund), after the surge in energy prices (Verità & Affari, August 25, 2022 – Vittorio De Luca)

De Luca & Partners Managing partner and labour lawyer Vittorio De Luca explained to Verita&Affari: “This is a perfect storm between inflation, war, and increases in energy and raw material prices.”  The worst thing is that the government has little room for manoeuvre to contain the wave of layoffs that are likely to arrive in ....

18 August 2022 • Insights

Google Analytics: red light from the Data Protection Authority  

Websites that use Google Analytics (GA), without the guarantees provided for in Regulation (EU) 2016/679 (the “Regulation“), violate data protection legislation because they transfer user data to the United States which lacks adequate protection. The Data Protection Authority (“Garante“) made its ruling with a 9 June 2022 measure, adopted after a preliminary investigation initiated based ....

18 August 2022 • Insights

Resignation by conduct: a viable alternative to dismissal for just cause?

In its ruling no. 20 of 27 May 2022, The Court of Udine stated that absence from work without providing any justification to force the employer to dismiss for unjustified absence, is unlawful. Such conduct constitutes resignation by facta concludentia, even without complying with the electronic procedure. The Court ruled that a worker who did ....

18 August 2022 • Insights

Dismissal of an employee is legal even if other employees were not punished in similar situations

In its order no. 22115 of 13 July 2022, the Court of Cassation stated that the Court’s assessment of similar situations for evaluating unreasonable inequality can only be based on allegations present in the case, such as to allow an investigation and a viable comparison. Facts of the case A worker was dismissed because of ....

18 August 2022 • Insights

Unlawful dismissal in companies with less than 15 employees: compensation should be changed

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the system of protection for cases of unlawful dismissal in companies with less than 15 employees. The issue raised The Rome Court of First Instance, acting as employment ....

18 August 2022 • Insights

DID YOU KNOW THAT… The “work-life balance” legislative decree has been in force since 13 August?

Legislative Decree of 30 June 2022 no. 105, implementing the “Directive (EU) 2019/1158 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU” has been in force since 13 August. The measure stated that working fathers are entitled to leave, from two months before the presumed date of birth and within five months ....