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 interview for the economic and social observatory Riparte Italia. Adv. De Luca, one of the measures that was adopted right at the beginning of the Pandemic was to ban dismissals. In terms of the legitimacy of the law, do you think such an extensive and widespread ban is possible? Many experts in the field ....
Under order no. 27757, published 3/12/2020, the Cassation Court confirmed that renewal of a National Collective Bargaining Agreement (CCNL) only signed by some employer associations, has no effect on application of clauses regarding pay even for companies that belong to non-signatory unions. In detail, a worker obtained an order for payment, part for failure to ....
Under the Law No. 81 of 22 May 2017 on “Measures for the protection of non-entrepreneurial self-employment and measures aimed to facilitate flexibility in regard to locations and times of subordinate work”, remote working has been recently regulated in the Italian legal regime for the first time. This is a flexible style of working, regulated ....
The Court of Cassation, February 3, 2021, no. 2472 ruled that the non-pecuniary damage to professionalism must be traced back to the emerging damage and, as such, not concurrent with the formation of taxable employment income pursuant to art. 49, co. 1, TUIR. The subjection of the sums to tax and social security contributions must ....
The Italian Data Protection Authority, with the newsletter 472 of 25 January 2021, announced that on 14 January, the EDPB (“European Data Protection Board”) adopted new Guidelines (“Guidelines 01/2021 on Examples regarding Data Breach Notification”, the “Guidelines”) aimed at supporting companies and public administration in correctly addressing data breaches and defining risk management processes. The ....
The Court of Cassation, with its order no. 2289 of 2 February 2021, declared the failure to inform the trade unions in advance of the criteria to identify the workers to be placed under the redundancy fund and rotation methods unlawful. Facts of the case A company in receivership appealed to the Court of Cassation ....
The Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by Art. 28 of the Workers’ Statute cannot be applied to the riders’ trade unions since they are not employees. Facts of the case In this case, the ....
The Court of Ravenna, in its ruling of 7 January 2021, ordered that a worker’s dismissal for sudden physical unfitness for the role falls within the cases of dismissal for objective justified reason prohibited by the Covid-19 emergency regulations. Facts of the case A worker challenged his dismissal for objective justified reason in court. The ....