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.
With ruling no. 2629 of 10 November 2021, the Court of Milan considers that the dismissal prohibition introduced by the emergency legislation applies to executives. Facts of the case With an appeal under art. 414 of the Italian Code of Civil Procedure, an executive requested the Court of Milan to ascertain and declare the nullity ....
On 24 December 2021, Decree Law 221, entitled “Extension of the state of national emergency and further measures to contain the spread of the COVID-19 epidemic” (the “Decree“), was published in the Official Gazette, effective from 25 December. Because of the health risk associated with the spread of COVID-19, the state of emergency declared by ....
Law 17 December 2021, no. 215 converting Law Decree 21 October 2021, no. 146 in force since 21 December (known as “Fiscal Decree”), to counter evasion during occasional self-employment, introduced an amendment to Legislative Decree no. 81/2008 providing for the obligation of prior reporting. The following is required: “To monitor activities of occasional self-employed workers ....
On 8 November, the national legislature approved two separate legislative decrees introducing new predicate offences to the list of administrative liability of entities under Legislative Decree no. 231/2001. These are: Legislative Decree no. 184, which transposed European Directive no. 2019/713 “on combating fraud and counterfeiting of non-cash means of payment” and Legislative Decree no. 195, ....
In its ruling no. 2286 of 3 December 2021, the Court of Venice, Civil Section II, ruled on the legitimacy of an audio recording made by a third party during a court case. Two of the three defendants in their proceedings against the same employer, had produced an audio recording of a work meeting held ....
On 12 November 2021, in its ruling no. 33809, the Court of Cassation returned to the issue of employer controls using electronic tools, considering the principles and restrictions applicable to personal data protection. The Supreme Court confirmed that an employee’s PC data are company assets. Therefore, an employer can acquire and use the data for ....
By an order of 11 August, the Court of Milan ruled that allowing a company’s official to disseminate hostile messages through the social networks against a union, its representatives and its actions is anti-union behaviour. The Court also found that the Company had encouraged its employees to join another union, by adding a link to ....
In its ruling no. 376 of last 23 November, The Court of Florence declared the unilateral terminations made by a digital platform of home food deliveries (the “Company“) from the relationships in place with individual workers (“riders“) ineffective, following a failure to adhere to the National Collective Labour Agreement (the “NCLA“) signed by Assodelivery, the ....
