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

2 March 2022 • Insights

INPS: new instructions on the “Greenpass50+” service

With its message no. 721 of 14 February 2022, Inps has provided instructions and clarifications about the “Greenpass50+” service features to verify the possession and validity of the green certification of workers aged 50 years or older. Since last 15 February and until 15 June, the legislature has imposed compulsory vaccination for those aged 50 ....

2 March 2022 • Insights

Threat of dismissal constitutes extortion

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force them to accept financial conditions that do not match the services they provide was extortion. Facts of the case Two employees brought an action against their employer, ....

2 March 2022 • Insights

Termination for managers sending angry emails to senior management is legitimate

With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company’s top management engaged in conduct likely to disrupt the relationship of trust that binds them to the employer,  even if it did not formally breach their work obligations. Facts of ....

2 March 2022 • Insights

Probation clause: referring to collective bargaining is not enough

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement declarations if the reference is specific enough. Facts of the case The Supreme Court’s ruling stems from a Court of Appeal of Trento ruling, which upheld a ....

2 March 2022 • Insights

DID YOU KNOW THAT… supervisors have new obligations and responsibilities?

Decree Law of 21 October 2021, no. 146​ on “Urgent measures on financial and tax matters, to protect labour and for undeferrable needs” ( “Tax Labour Decree“), converted with amendments by Law 17 December 2021, no. 215, with the provisions contained in Article 13, has made some changes to Legislative Decree no. 81/2008 ( “Consolidated ....

28 February 2022 • News

Webinar: “Non-competition agreement: scope and limits” (Italian Chamber of Commerce and Industry for Spain, 9 March 2022 – Enrico De Luca, Luca Cairoli)

Ever-increasing market competitiveness makes entrepreneurs increasingly interested in protecting themselves against the possible dissemination of company knowledge (data, working processes, company notions, confidential customer names) acquired by their employees during their employment to competing companies. The non-competition agreement, as governed by Art. 2125 of the Civil Code, is one of the tools available to companies ....

28 February 2022 • News, Insights

The employer can choose the trade union with which to negotiate (Newsletter Norme & Tributi n. 157 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

By Order no. 1621/2021 of 30 December, the Court of Padua stated that there is no general obligation on the employer to negotiate: the employer may legitimately choose the trade union or unions with which to enter into negotiations, and even exclude some of them from the negotiations. Likewise, according to the Court, there is ....

23 February 2022 • News, Insights

Social safety nets linked to retraining (Il Sole 24 Ore, 23 February 2022 – Vittorio De Luca)

The pandemic has prompted the legislator to identify tools that can help companies and workers overcome the crisis and help companies move towards a new production system.The legislator, responding to social partners’ long-standing requests, has reformed the social safety nets and intervened on the existing inconsistencies to universalise and rationalise them, govern labour market instabilities ....