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

14 July 2022 • Insights

Unlawful dismissal: compensation to be calculated over the dismissal period

In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the last overall remuneration from the dismissal day until the day of reinstatement. Any amount received by the worker by way of aliunde perceptum or percipiendum (earnings from ....

14 July 2022 • Insights

DID YOU KNOW THAT…The Transparency Decree outline been definitively approved by the Council of Ministers?

On 22 June 2022 the Council of Ministers, definitively approved the draft legislative decree implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union ( “Transparency Decree”). The draft decree introduces new disclosure obligations in addition to the applicable legislation (Legislative Decree no. 26 May 1997, no. 152), which the ....

11 July 2022 • News, Insights

The Transparency Directive applies to business relationships (Il Quotidiano del Lavoro of Il Sole 24 Ore, 11 July 2022 – Vittorio De Luca, Alessandra Zilla)

The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies, occasional service contracts and temporary employment. New obligations for employers and principals with the Transparency Directive, 2019/1152. The changes in the draft legislative decree were approved by ....

8 July 2022 • News, Insights

Work during leave for serious family reasons: lawful dismissal for justified subjective reason (Modulo24 Contenzioso del Lavoro de Il Sole 24 Ore, 4 luglio 2022 – Enrico De Luca, Roberta Padula)

In ruling no. 19321, published on 15 June 2022, the Court of Cassation considered the dismissal for justified subjective reason for an employee who worked during leave for “serious family reasons” legitimate. In the case covered by the Court of Cassation’s ruling no. 19321/2022, on 15 May 2017, a worker requested to take leave from ....

4 July 2022 • Insights, News

Today on Affari&Finanza the interview by Vittorio De Luca “privacy from the Constitutional Court is a blow to the 2012 reform.”

Economic growth is slowing down, and it is feared that many companies will have to close in the months to come. However, structural changes that are taking place in society are leading to an increasing demand for professional profiles that are difficult to find on the market because training is evolving too slowly. Employment continues ....

30 June 2022 • News, Insights

Contractual welfare and social security contribution obligation compliance document (DURC) (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 30 June 2022 – Vittorio De Luca, Marco Giangrande)

Examination of the relationship between contractual and corporate welfare (where works and services are not subject to contributions and taxation) and the social security contribution obligation compliance document (DURC) which is indispensable for accessing the regulatory and contributory benefits provided for by the labour and social legislation Contractual welfare is the worker protection and welfare ....

30 June 2022 • Insights

Non-compliance with a conciliation agreement signed is anti-union behaviour (Newsletter Norme & Tributi n. 161 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Vasto (judgement 116/2022), has ruled that non-compliance, by the employer, of the commitment to reopen negotiations for the renewal of the company’s supplementary agreement, in breach of the conciliation agreement signed with a trade union organisation, constitutes anti-union behaviour. According to the Court, the conduct violated the principles of fairness and good ....

23 June 2022 • News, Insights

Data Protection Authority: entrusting processing to third parties requires the adoption of appropriate measures (Norme e Tributi Plus Diritto of Il Sole 24 Ore, 23 June 2022 – Enrico De Luca, Martina De Angeli)

The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction of 28 April 2022, imposed on a company in charge of managing the municipal waste collection service for the Municipality of Taranto (the “Municipality”), a € 200,000 fine for having entrusted processing personal data to a sub-processor without having requested and obtained specific ....