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

29 November 2021 • Insights

DID YOU KNOW THAT … the assisted negotiation is extended to labour disputes and the Fornero procedure has been repealed?

On 25 November 2021, the Chamber of Deputies definitively approved the bill that provides for a delegation to the Government for the civil procedure efficiency and the discipline revision of the alternative methods for dispute resolution and a series of urgent measures for procedure optimisation in the personal and family rights and enforcement fields. As ....

24 November 2021 • Insights

The Court of Cassation rules on business branch transfers

The Court of Cassation, in ruling no. 29919 of 25 October 2021, clarified that a business branch transfer under Art. 2112 of the Italian Civil Code, is when a transferred branch is functionally independent, i.e. at the time of transfer, it (i) can provide for a production purpose with its own functional and organisational means ....

19 November 2021 • News, Insights

Legitimate worker transfer even if their unusability in the original location was unproved (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 19 November 2021 – Alberto De Luca, Debhora Scarano)

With its order no. 32506 of 8 November 2021, the Court of Cassation addressed the issue of judicial review of the technical, organisational and production reasons underlying transfers under art. 2103 of the Italian Civil Code. The case in question arose from an employee’s legal application for a declaration of the unlawfulness of the transfer ....

3 November 2021 • Insights

Inps: operating instructions on Green Pass online verification for companies with more than 50 employees

With its message no. 3589 of 21 October 2021, INPS provided clarifications on the use of its institutional portal “Greeenpass50+” for the massive control of the Covid-19 Green Certificate, “Green Pass“), by private and public employers with more than 50 employees who are not NoiPa members. The service provided by INPS – which obtains the ....

3 November 2021 • Insights

Dismissal for just cause: monitoring the company chat without adequate information is unlawful

The Court of Cassation, with its ruling no. 25731 of 22 September 2021, stated that, in the absence of prior information under Article 4, para. 3, of Law no. 300/1970, the employer cannot use the data found in a company chat room where an employee bad mouths their superiors and colleagues, for disciplinary purposes. Facts ....

3 November 2021 • Insights

Resignation: Waiver of notice by the employer annuls the executive’s right to the relevant payment in lieu of notice

With its order no. 27934 of 13 October 2021, The Court of Cassation ruled that the employer’s waiver of the resigning employee’s notice period removes any obligation to pay them the relevant payment in lieu of notice. This is because the resigning party has no legal interest in continuing the employment relationship. Facts of the ....

3 November 2021 • Insights

New Green Pass verification procedures: Prime Ministerial Decree published in the Gazette

In the Official Gazette no. 246 of 14 October 2021, the Decree of the President of the Council of Ministers of 12 October 2021 (the “Prime Ministerial Decree” or the “Decree“) was published. The Prime Ministerial Decree, supplementing and updating the first Decree of 17 June, sets out the verification methods carried out by public ....

3 November 2021 • Insights

DID YOU KNOW THAT… The Senate gave the green light to the Equal Pay Bill?

On October 26, 2021, the Senate gave the green light to the Bill for equal opportunities for men and women at workplace. The Bill, making amendments to the Equal Opportunities Code, introduced for companies staffed with more than 50 employees the obligation to draw up a biennial report on the employment situation of men and ....