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 its order no. 30478 of 28 October 2021, the Court of Cassation ruled that the employer is not obliged to warn the employee who cannot work about the imminent achievement of the maximum relationship protected period, nor to suggest alternative means to the absence due to illness (holidays, leave of absence). Facts of the case ....
With its order no. 28606/2021, the Court of Cassation returned to the issue of leave under Law no. 104/1992, stating that the requesting employee must guarantee continuous and global assistance to the disabled family member, although they may devote a limited time to their personal needs during the leave. If the causal link between the ....
With its ruling no. 33809 of 12 November 2021, the Court of Cassation stated that an employee who deletes or transfers company data outside is engaging in disciplinary conduct and a civil and criminal offence. The employer may legitimately acquire and produce the private correspondence found after the Company’s personal computer is returned and present ....
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 ....
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 ....
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 ....
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 ....
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 ....
