News & Insights

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Think Tank

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.

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Insights, News

Collective dismissals: the conditions to limit them to certain corporate departments (Newsletter Norme & Tributi n. 168 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established…

Insights, News

Damages for demotion taxed if the nature of the compensation is not specified (Norme & Tributi Plus Diritto De Il Sole 24 Ore, 13 April 2023 - Alberto De Luca, Claudia Cerbone)

The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation,…

Insights, News

Wide-ranging whistleblowing protection (Italia Oggi Sette Affari Legali - 5 April 2023, Vittorio De Luca)

Protection also extends to shareholders, apprentices, the self-employed, and consultants. Wide-ranging whistleblowing protection. In addition to their current employees and collaborators, private sector companies must also provide protection…

Insights, News

Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 - Vittorio De Luca, Alessandra Zilla)

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination…

News

The use of homophobic expressions against a colleague constitutes just cause for dismissal

With Order No 7029, of 9 March 2023, the Italian Court of Cassation, reversing the conclusions reached by the Court of Appeal of Bologna, deemed legitimate since justified…

Insights, News

Dismissal of employees for poor performance. What is "poor performance"? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…

Insights, News

Company email: the employer's right of defence in court cannot limit the worker's right to the protection of personal data

With an Order dated 11 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed on a company the payment…

Insights, News

Italian Court of Cassation: when can an abuse of leaves under Italian Law 104/92 be recognized?

With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave…

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