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 May 2021 • Insights

The Data Protection Authority clarifies the Company Physician role

The Italian Data Protection Authority, last May 14 published a document on the Company Physician role regarding the implementation of vaccination plans for the activation of extraordinary anti-Covid-19 vaccination points, provided by the National Protocol signed on 6 April 2021. In this document, the Data Protection Authority clarifies that the tasks assigned to the Company ....

31 May 2021 • Insights

Data Protection Authority: the employer must properly inform employees about the company systems used

In its 15 April 2021 injunction order, the Italian Data Protection Authority fined a company operating in the manufacturing sector for failing to punctually and adequately inform the employees about the features of a computer system. In doing so, the company unlawfully processed workers’ data beyond the limits set by the authorisation of the local ....

31 May 2021 • Insights

Waiver of notice period after dismissal does not exclude contribution obligations

The Court of Cassation, in ruling no. 12932/2021, reiterated that the waiver of notice period by the employee and the related substitute allowance, formalised by a settlement agreement made after the notice of dismissal, does not affect the obligation to pay social security contributions to INPS. Facts of the case In this case, a bank, ....

31 May 2021 • Insights

Collective dismissal: possibility of limiting the procedure to certain offices only

The Court of Cassation, in its ruling of 6 May 2021, no. 12040, declared that it was legitimate to limit the scope of a collective dismissal procedure to the production units undergoing reorganisation instead of covering the entire company workforce. Facts of the case In December 2016, a company initiated a collective dismissal procedure, limiting ....

31 May 2021 • Insights

DID YOU KNOW THAT… A right to disconnection for remote workers has been introduced in Italy?

Law of 6 May 2021, no. 61 converting Decree Law no. 30/2020 recognised that remote workers have the right to disconnect from technological equipment and IT platforms, under any agreements signed by the parties and without prejudice to any agreed periods of availability. The exercise of the right to disconnect, which is necessary to protect ....

21 May 2021 • Insights

Brexit: derogation provisions for posted workers

In circular no. 71 of 27 April 2021, INPS transposed the Agreement on Trade and Cooperation between the European Union (EU) and the European Atomic Energy Community, and the United Kingdom of Great Britain and Northern Ireland (TCA). The agreement sets the conditions for cooperation between the participating countries and regulates certain areas, including social ....

18 May 2021 • News

Webinar “HR: TIME TO CHANGE” (Italian-German Chamber of Commerce, 27 May 2021)

Elena Cannone (Senior Associate and Compliance Focus Team Leader – De Luca & Partners) and Andrea Di Nino (Employment Consultant – HR Capital) will participate as guest speakers in “HR: TIME TO CHANGE” organised by the Italian-Germanic Chamber of Commerce next 27 May. LOCATION AND TIMETABLE Thursday 27 May 2021 Videoconference event (from 4 to ....

Licenziamento per giustificato motivo oggettivo
18 May 2021 • News, Insights

The Judge’s verification of the effectiveness of business choices at the basis of the dismissal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 18 May, 2021 – Enrico De Luca, Claudia Cerbone)

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....