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

23 July 2021 • News

Vittorio De Luca’s comment on the green pass to access workplaces

Vittorio De Luca of De Luca & Partners said the Confindustria proposal to allow employers to require the green pass to access workplaces and carry out related activities was “appropriate” to open the health passport debate on the protection of workers’ health and production. However, it will have to overcome some significant critical issues. “How ....

22 July 2021 • News, Insights

Employment & Labour Law – Global Legal Insights, ninth Edition (Vittorio De Luca, Roberta Padula e Claudia Cerbone)

Also this year, De Luca & Partners participated in the drafting of the 8th edition of the Employment & Labour Law volume, which is part of the Global Legal Insights collection. The eighth edition of the Employment & Labour Law guide, updated to 2021 and extended to 17 countries around the world, was made available a ....

9 July 2021 • News, Insights

Refusal to wear a mask, legitimate suspension from work and remuneration (Guida al Lavoro of Il Sole 24 Ore, 9 July 2021 – Vittorio De Luca, Luca Cairoli)

The principle Health and safety in the workplace – worker’s obligations – refusal to wear a mask – disciplinary relevance – legitimacy of suspension from work and remuneration “Due to the tragic situation which the country and the world experienced because of the Covid-19 epidemic, imposing mask wearing on workers by [the employer], stated in ....

5 July 2021 • Insights, News

An interview with Vittorio De Luca on labour market hot topics is in today’s L’Economia of Il Corriere della Sera

Our system’s real problem is an absence of serious active employment policies. De Luca & Partners managing partner Vittorio De Luca, discusses the agreement on the end of the dismissal prohibition and Decree Law 99/2021, just approved by the Draghi government. “An explosion of redundancies is nothing more than the consequence of a ban that ....

30 June 2021 • News, Insights

Lawful dismissal for abuse of leave under Italian Law 104 verified by a private investigator (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 30 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

The Court of Cassation has recently confirmed that the ‘abusive’ use of leave to care for disabled family members, as referred to in Article 33, par. 3 of Italian Law no. 104 of 1992, not only justifies dismissal, but can also be ascertained by private investigators. In this case, the employee had challenged his dismissal ....

30 June 2021 • Insights

It is discriminatory to subject the renewal of a cooperation agreement to acceptance of the applicable collective bargaining agreement (Newsletter Norme & Tributi n. 152 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

On 12 April 2021, the Palermo Court ruled that early withdrawal by a food delivery company from a fixed term cooperation agreement with a rider was invalid,  as it was the direct consequence of his refusal to accept the governing conditions of the collective agreement chosen by the company and signed by trade unions he ....

29 June 2021 • Insights

Administrative liability of entities: interest and advantage in culpable offences

The Court of Cassation, IV Criminal Section, in its ruling no. 22256 of 3 March 2021 (filed on 8 June), ruled on the existence of the requisites of interest and advantage of the entity in cases of culpable offences for violation of accident prevention regulations under Legislative Decree no. 231/01 on administrative liability of entities. ....

29 June 2021 • Insights

Unlawful collective dismissal for breach of selection criteria: mitigated reinstatement protection

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art. 4, paragraph 9 of Law 223/1991, which constitutes a “procedural violation”, the indemnity protection quantifiable between 12 and 24 months’ salary is applicable after the employment termination ....