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

10 March 2021 • News, Insights

Substitute meal voucher for shift employees (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 10 March 2021 – Enrico De Luca, Claudia Cerbone)

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break. This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March ....

4 March 2021 • News, Insights

The exception of the aliunde perceptum can be proposed on appeal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 March 2021 – Enrico De Luca, Antonella Iacobellis)

According to Supreme Court n. 4056 of February 16, 2021: “the aliunde perceptum is not exception in the strict sense and is therefore detectable ex officio by the Judge if the relevant factual circumstances are duly acquired during the trial. For this reason, the exception of deduction of the aliunde perceptum is not subject to ....

3 March 2021 • News

Vittorio De Luca live on Class CNBC for #Ripartitalia

Monday 8 March, starting at 12:00 live on Class CNBC (Sky channel 507) and on www.milanofinanza.it appointment with #Ripartitalia, the agenda for the future of work. Vittorio De Luca will be one of the guests, moderated by Andrea Cabrini, to talk about new rules for work.  FOCUS The pandemic crisis has radically transformed the dynamics and processes of ....

2 March 2021 • News

Alberto De Luca interviewed by Riparte L’Italia

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 ....

28 February 2021 • Insights

Contract renewal applies to non-signatory employer associations (Newsletter Norme & Tributi n. 148 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

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 ....

25 February 2021 • News, Insights

Remote working and Data Protection (Top Legal Focus Privacy & Data Protection, February 2021 – Vittorio De Luca, Elena Cannone)

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 ....

25 February 2021 • Insights

Non-pecuniary damage to professionalism does not constitute income subject to taxation (Il Quotidiano del lavoro de Il Sole 24 Ore, 23 February 2021 – Vittorio De Luca, Antonella Iacobellis)

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 ....

25 February 2021 • Insights

Data Breach: The European Data Protection Authority Guidelines for handling data breaches.

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 ....