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

30 September 2021 • Insights

INL: clarifications on the amendments made by the Decreto Sostegni (Support Decree) bis to the rules on reasons for fixed-term contracts

With note no. 1363 of 14 September 2021, the National Labour Inspectorate (“INL”) provided some clarifications concerning the amendments made by Decree Law no. 73/2021 ( “Decreto Sostegni bis“) to the regulation of the reasons for fixed-term contracts. New reason The “Decreto Sostegni bis“, as converted by Law no. 106/2021, supplemented the rules set out ....

30 September 2021 • Insights

Risks on the web and misuse of the company PC: yes to a dismissal of the employee

The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee who has repeatedly surfed on unsafe sites for private purposes and put internal security at risk. Facts of the case The worker employed ....

30 September 2021 • Insights

A director’s waiver of remuneration must be explicitly stated

The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director’s waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention to waive the relevant right. However, the waiving act must be inferred not from the mere failure to request compensation, whatever the reasons, but from external ....

30 September 2021 • Insights

Agency: stability agreement requiring an excessively onerous penalty for the agent is void

The Court of Cassation, with its ruling no. 24478 of 10 September 2021, declared the stability agreement attached to the agency contract null and void for evasion. The agreement required an excessively onerous penalty for breaches. This significantly affects and restricts the right of withdrawal of one of the parties. Facts of the case The ....

30 September 2021 • Insights

DID YOU KNOW THAT… The Decree extending the Green Pass obligation to private employment has been published in the Official Gazette?

Decree-Law no. 127/2021 (the “Decree“) was published in the Official Gazette on 22 September 2021 and has been in force since 23 September. According to this Decree, from 15 October until the following 31 December, anyone carrying out any work, training or voluntary activity in the private sector is required to possess and submit, upon ....

24 September 2021 • News

HR VIRTUAL BREAKFAST “The return to the company with the Green pass obligation: problems and perspectives” (Vittorio De Luca, Elena Cannone – September 23, 2021)

Green Pass in the workplace: decree published in the Official Gazette. The decree-law that requires to possess and exhibit Covid-19 green certification to access workplaces from 15 October 2021 until 31 December has come into force. Focus: With more than 100 participants, the HR Virtual Breakfast organised by De Luca & Partners last 23 September registered ....

7 September 2021 • News

Webinar “Best practices in UTP and Distressed M&A transactions” (Convenia, 30 September 2021)

Alberto De Luca speaker at the webinar “Best practices in UTP and Distressed M&A transactions” organised by Convenia next 30 September to examine new regulations and best practices. Management of employment for companies in a crisis: risks and opportunities Alberto De Luca’s talk will focus on employment law aspects tied to the circulatory events of ....

7 September 2021 • News, Insights

Non-competition agreement: the payment is valid even if paid during employment (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 September 2021 – Alberto De Luca, Roberta Padula)

The Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling is based on appeal lodged by a bank manager who (among other claims submitted) had challenged a signed non-competition agreement, considering it vitiated, since the payment was ....