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

31 August 2021 • Insights

DID YOU KNOW THAT… Covid-19 quarantined workers are not granted social security protection?

INPS (the Italian Social Security Institution), with its message no. 2842 of 6 August 2021, provides guidelines on the absence of private-sector workers for Covid quarantine with active monitoring or voluntary homestay with active monitoring or for precautionary quarantine, ordered by the public health operator. So far, INPS has treated quarantine in the same way ....

11 August 2021 • News, Insights

Court of Trento, legitimate dismissal of a no mask worker (Il Quotidiano del lavoro of Il Sole 24 Ore, 11 August 2021 – Alberto De Luca, Luca Cairoli)

In a ruling dated 8 July 2021, the Court of Trento, upheld a disciplinary dismissal (for just cause) imposed on a teacher who repeatedly refused to wear a protective mask while working at school. In this case, the teacher, employed by the Autonomous Province of Trento, refused to comply with an order issued by the ....

6 August 2021 • News, Insights

EU Court: The employer can prevent employees from wearing political, philosophical or religious symbols if needed (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 6 August 2021 – Vittorio De Luca, Debhora Scarano)

The Court of Justice of the European Union looked at the delicate issue of using religious symbols in the workplace under a ruling published on 15 July 2021, in Joined Cases C-804/18 and C-341/19. According to the Court, the prohibition of wearing any visible form of expression of political, philosophical or religious beliefs in the ....

4 August 2021 • News, Insights

Clock-on scam: plea bargaining has binding effect in civil dismissal proceedings (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 August 2021 – Alberto De Luca, Alessandra Zilla)

The Court of Cassation, in ruling no. 20560 published on 19 July 2021 confirmed the facts subject of a plea bargain in a criminal case must be established (with the effect of res judicata) to any pending civil proceedings concerning the same findings. The Supreme Court’s ruling stems from the lawful dismissal for misconduct by ....

29 July 2021 • News, Insights

Green pass to access the workplace is not conceivable in the absence of compulsory vaccination (Guida al Lavoro de Il Sole 24 Ore, n. 33/34 – Vittorio De Luca, Debhora Scarano)

In an internal letter of the director general sent by e-mail to the directors of the system’s local and sectoral associations, Confindustria expressed its favourable opinion on the Covid-19 green certificate (better known as green pass) to access workplaces. According to the position taken by Confindustria, the presentation of the green certificate should be part ....

27 July 2021 • Insights

Cookies and other tracking tools: the new Data Protection Authority Guidelines

On 10 June, the Italian Data Protection Authority approved the new ” Cookie Guidelines.”The term cookie refers to a small text file that a website (publisher or “first party”) can autonomously send to the user’s device (e.g. Smartphone, PC or Tablet) when viewing a web page or different sites or web servers (“third parties”). Usually, ....

27 July 2021 • Insights

Company cameras: images that can be used as evidence

The Court of Appeal of Venice, in ruling no. 476 of 28 June, 2021, ruled about remote control, considering video recordings of cameras on company premises to be entirely usable. Facts of the case A company (a gambling house) had used the images collected through a video surveillance system installed on the company’s premises to ....

27 July 2021 • Insights

Dismissal prohibition: dismissal of several executives is null and void

In a 2 July 2021 order, The Court of Milan ruled that, dismissals announced by the same company to six executives, in the same period and based on the same objective reasons, were part of the collective redundancies subject to the prohibition during the pandemic. The Court held that it was irrelevant that four of ....