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

25 February 2021 • Insights

DID YOU KONW THAT… the deadlines for accessing the New Skills Fund have been extended?

The New Skills Fund, introduced by the Relaunch Decree and refinanced by the August Decree, is one of the measures foreseen to deal with the Covid-19 epidemic. The Fund, set up at the National Agency for Active Employment Policies (ANPAL), can be accessed by companies that have entered into agreements with trade unions to reschedule ....

23 February 2021 • News, Insights

Social security cushions, system crisis certified by the virus (Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Alessandra Zilla)

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools, in terms of the financial resources allocated and also in terms of the type of and procedures for availing of social security cushions during employment. The Decree ....

23 February 2021 • News, Insights

Processing data on Covid-19 vaccination status in the employment context: FAQ(s) from the Italian Data Protection Authority (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 23February 2021 – Vittorio De Luca, Martina De Angeli)

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable law and emergency regulations. On 17 February 2021, the Italian Data Protection Authority (the “Authority”) published on its institutional website some FAQ(s) (“Frequently Asked Questions”) concerning the ....

22 February 2021 • Insights

The prohibition on dismissal is contrary to EU law: the Spanish case (Il Quotidiano del lavoro of Il Sole 24 Ore, 22 February 2021 – Alberto De Luca, Luca Cairoli)

One of the emergency measures adopted to tackle the epidemiological emergency and prevent it from disrupting work and social life is currently the focus of a heated debate in Italy – namely, the prohibition of dismissal for justified objective reasons, introduced in Italy by the “Cura Italia” decree and subsequently extended several times. The repeated ....

18 February 2021 • Insights

Dismissal for justified objective reason, assessment of the reason and irrelevance of retaliation (Il Quotidiano del Lavoro of Il Sole 24 Ore, 18 February 2021 – Enrico De Luca, Luca Cairoli)

The Supreme Court of Cassation, in its decision 1514/2021, published on 25 January 2021, referencing well-established principles, provides a clear overview of the production-related factors that justify dismissal for objective reasons, emphasising that once the objective reason for the work termination has been established, it is unnecessary to investigate its potentially retaliatory nature. The Court’s ....

12 February 2021 • News, Insights

The testimony of family members is reliable (Il Quotidiano del lavoro of Il Sole 24 Ore, 12 February 2021 – Alberto De Luca, Antonella Iacobellis)

The debate on the reliability of family members’ testimonies is recurrent, as they have a personal interest in the trial’s outcome.    The Supreme Court has returned to the subject with its ruling no. 2295 of 2 February 2021, stating that for testimonial evidence, a witness who has a family or marriage relationship with one ....

11 February 2021 • News, Insights

The Covid quarantine obligation does not justify employee absence (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 11 February 2021 – Alberto De Luca, Roberta Padula)

The Court of Trento, in a ruling dated 21 January 2021, stated that an employee who is absent from work due to a fiduciary isolation ordered due to their (avoidable) choice to spend holidays abroad constituted just cause for dismissal. The Court’s ruling stems from an appeal brought by an employee who had been dismissed because, ....

9 February 2021 • News, Insights

The minimum requirements of the right to disconnection proposed by the European Parliament (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 9 February 2021 – Vittorio De Luca, Alessandra Zilla)

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means – as specified by the Parliament – the “right of workers not to engage in work-related tasks or communications outside working hours by means of digital media, such as phone calls, emails ....