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.
The Supreme Court of Cassation, in its Order no. 17051, published on 16 June 2021, stated that if a dismissal is declared unlawful, the aliunde perceptum resulting from a work compatible with that carried out in favour of the employer ordered to reinstate the employee should not be deducted from the appropriate compensation. Facts of ....
Decree-Law no. 82/2021 (the “Decree“) was published in the Official Gazette on 14 June, containing “urgent provisions on cyber-security – definition of the national cyber-security architecture and establishment of the National Cyber-security Agency” . The term “Cyber-security” means “activities necessary to protect networks, information systems, computer services and electronic communications from cyber threats, ensuring their ....
Based on the principles in the Court of Justice Schrems II judgement of 16 July 2020, with Decision no. 2021/914 of 4 June 2021, the European Commission has approved two new sets of Standard Contractual Clauses (“SCCs“) which, from 27 September, must be included in contracts to regulate a transfer of personal data to non-EU ....
The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion falls on the transferee who used the service and not the transferor. This case follows a judicial application for investigations into a demotion by an employee who ....
With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling out that this amounts to mobbing if the transfer is not intended to persecute the employee, rather to restore serenity in the workplace. The ruling derives from ....
With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two non-vaccinated healthcare operators was lawful. The case arose from the refusal of two physiotherapists working in a nursing home to vaccinate against Covid-19, with the employer’s ensuing ....
With order 16382/2021, the Court of Cassation once again ruled on the critical issues connected with the relationship between wage subsidies anddaily sickness benefits. In accordance with well-established case law, the Court pointed out that, where the ordinary lay-off scheme concerns a case of suspension of production and not merely a reduction in working hours, ....
With sentence 15763 of 7 June 2021, the Court of Cassation dealt once again with the issue of the time spent by employees to put on or take off their uniform. In the case in question, the Court of Appeal of Rome, reforming the first instance sentence, rejected the request made by the employees of ....
