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

25 July 2022 • News

HR VIRTUAL BREAKFAST “Transparency Decree: what there is to know and do” (Vittorio De Luca, Roberta Padula – 28 July 2022)       

On Thursday, 28 July De Luca & Partners organised a new HR Virtual Breakfast. De Luca & Partners, Managing Partner, Vittorio De Luca and Roberta Padula, Senior Associate, evaluated the Transparency Decree. The “Transparency Decree” imposes companies a complicated analysis and adjustment of contractual standards. While waiting for the Decree to come into force, it ....

21 July 2022 • News, Insights

Diversity and Inclusiveness Driving the Change to Equality (IPBA Journal No. 106 – Alberto De Luca, Luca Cairoli)

Diversity and inclusion represent one of the main challenges law firms have been called to fight globally, on one hand to promote the undisputable values they represent and, on the other hand, to properly bring into the work environment of the law industry one of the most important (if not the most fundamental) principles which ....

19 July 2022 • Insights

Gender equality: parameters for obtaining certification have been defined

On 1 July 2022, the 29 April 2022 Decree of the Ministry of Equal Opportunities was published in the Official Gazette, providing the parameters for obtaining the gender equality certification under Article 1, paragraph 147, of Law 234/2021. This provision delegated the Government to establish (a) the minimum parameters to obtain the gender equality certification, ....

15 July 2022 • News, Insights

CJEU ruled on the social security legislation applicable to airline staff (Norme e Tributi Plus Diritto of Il Sole 24 Ore, 15 July 2022 – Vittorio De Luca, Marco Giangrande)

The Court of Justice of the European Union (hereafter: “Court of Justice”), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established in a Member State, who works for at least 45 minutes per day in an establishment located in another Member State, which coincides with the country of ....

15 July 2022 • News, Insights

The principal cannot ignore contractor’s employees safety obligations (Guida al Lavoro of Il Sole 24 Ore, 15 July – Alberto De Luca, Raffaele DI Vuolo)

Art. 2087 requires employers to take measures to prevent situations harmful to the worker’s physical health and personality based on experience, technology, and type of work. This “open” rule obliges the entrepreneur to adopt legal measures for specific and generic work risks based on common experience or necessary to ensure work safety considering the type ....

14 July 2022 • Insights

Fictitious contracts and illegal labour supply: liability 231 for tax offences

The Court of Cassation, III Criminal Section, in its ruling no. 16302/2022, held a logistics company liable for the administrative violation arising from the commission of the offence referred to in Art. 2 of Legislative Decree no. 74/2000 (“Fraudulent declaration by using invoices or other documents for inexistent transactions”), committed by its managers in its ....

14 July 2022 • Insights

The manager and the inalienability of holiday entitlement

In ruling no. 13063 of 26 April 2022, the Court of Cassation set out the principle of “the manager’s power (… ) to organise their holidays independently, even if accompanied by obligations provided for by collective bargaining to inform the employer of work planning and rest periods. This does not entail the loss of the ....

14 July 2022 • Insights

Law 104: vacancy is not a worker’s absolute and unlimited subjective right

In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person to be assisted is not an absolute and unlimited subjective right but is subject to the decision of the Administration which, according to its organisational needs, may ....