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

12 May 2022 • Insights

Family Act: new incoming rules for work-life balance

Law no.  32 of 7 April 2022  entitled “Delegations to the Government for the support and enhancement of the family” was published in the Official Gazette. Over the next 12 to 24 months, a series of legislative decrees will be adopted, strengthening the work-life balance and giving better family support. Labour law will be a ....

28 April 2022 • Insights

CBA – Tacit acceptance and acceptance by conduct (Newsletter Norme & Tributi n. 159 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In ruling no. 95/2022, the Court of Vicenza held that the acceptance of a collective agreement may be tacit or by conduct, i.e., by actually applying its terms. Once a party can be said to have accepted the agreement, this is binding on such party. In the case at issue, three labour organisations had sued ....

27 April 2022 • Insights

Collective redundancies: reinstatement is initiated in case of defective communication

In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that – if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991 for the collective dismissal procedure does not correctly specify the criteria for the selection of the workers concerned, the procedure is unlawful and, consequently, the dismissal must ....

27 April 2022 • Insights

Dismissal of the unitary union representative body (RSU) delegate without authorisation constitutes anti-union conduct   

The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate, in the absence of prior authorisation from the trade union to which they belong, is ineffective and constitutes anti-union conduct.   Facts of the case  The decision stems ....

27 April 2022 • Insights

DID YOU KNOW THAT… The European Commission and the US reached a framework agreement on the transfer of personal data?

On 25 March, the European Commission and the United States of America announced that they had reached a new framework agreement on the cross-border transfer of personal data (the “Trans-Atlantic Data Privacy Framework”) that will be the basis for an adequacy decision by the European Commission. The new agreement was announced less than two years ....

27 April 2022 • Insights

Ministry of Labour: published the circular containing the operating guidelines to access wage supplements under an employment relationship

In its circular of 18 March 2022, the Ministry of Labour provided operating guidelines relating to the changes made by Decree Law no. 4 of 27 January 2022, (hereafter, Decreto Sostegni ter [Support Decree ter]) to the regulations on wage supplements governed by Legislative Decree no. 148/2015. The Ministry focused on the following issues: Starting ....

27 April 2022 • Insights

Exceeding the protected period and unchangeability of the dismissal notice

In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “‘by summation” requires specification of the days of absence due to illness, to which unjustified absences cannot be counted. Facts of the case An employee of the Udine Prefecture had challenged her ....

20 April 2022 • News

“Italian Employment and Labour Law” – Diritto del lavoro da esportazione (Businesscommunity.it, 20 April 2022, De Luca & Partners)

An operating and practical guide in English which is an easy-to-consult tool for professionals and operators who interact with the Italian legal system. The labour law theme helps establish cooperation between foreign companies wanting to move to Italy. With a greater knowledge, these companies can overcome some existing national economic system limits.The new handbook Italian ....