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 2020 • Insights

Italian legislation applies to worker with marginal employment in Germany

INPS, with its message no. 2797 of 14 July 2020 provided clarifications related to private and public workers, as well as NASPI (Italian unemployment) beneficiaries, who work for brief periods in Germany. Specifically, for private employees, they first underlined that the applicable legislation, based on the provisions contained in article 13, paragraph 1 of the ....

25 August 2020 • Insights

Court of Justice of the European Union – 16 July 2020 Ruling – Case C-658/18

The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered the company that exercises authority over an employee, bears the corresponding wage cost and possesses the actual power to dismiss the employee, and not the company that ....

17 August 2020 • News, Insights

The “Decreto Agosto” published in the Official Gazette

Legislative Decree n. 104/2020 (so-called “Decreto Agosto”) has just been published in the Official Gazette n. 203 of August 14, 2020. The most significant innovations concerning the employment profiles introduced by Legislative Decree n. 104/2020 are the following: A. Social shock absorbers In order to grant relief to all employers, a further eighteen (9+9) weeks ....

31 July 2020 • Insights

The “Rilancio” Decree’s conversion law: news about remote working at the time of Covid-19 (Guida al Lavoro de Il Sole 24 Ore, 31 July 2020 – Vittorio De Luca e Antonella Iacobellis)

Law no. 77/2020 has amended Article 90, Paragraph 1 related to “Decreto  Rilancio” with reference to Remote Working and it has envisaged that until the end of the epidemiological emergency from COVID-19, the right to carry out remote working is recognized, based on the assessments of doctors competent, even to workers most exposed to the ....

27 July 2020 • Insights

Privacy Shield: the Court of Justice of the European Union invalidates the EU – USA Agreement

With judgment dated 16 July 2020, “Data Protection Commisioner v Facebook Ireland Limited, Maximilian Schrems C-311/18”, the Court of Justice of the European Union (hereinafter, the “CJEU” or the “Court”) has declared Decision No. 2016/1250 invalid and, along with it, the agreement signed between the European Union and the United States of America aimed at ....

27 July 2020 • Insights

The Data Protection Officer: controls and sanctions in case of failure to designate same

With a decision dated 1 April 2020, the Spanish Data Protection Authority (hereinafter, the “Agencia Española Protección Datos” – “AEPD”) sanctioned a Spanish company doing business in the home delivery sector following the relevant online booking, used by thousands of customers, due to the failure to designate a Data Protection Officer (hereinafter, the “DPO” or ....

27 July 2020 • Insights

Covid-19 Committee in each single local unit: breaching the health and safety protocols constitutes an anti-union behaviour

With an order dated 1 July 2020, the Court of Treviso has stressed that the setting up of the internal Committee pursuant to article 13 of the Shared Protocol dated 14 March 2020 (subsequently updated last 24 April) for the implementation and the check of the rules established therein within the workplace must take place ....

27 July 2020 • Insights

Remote working: also for parents with children younger than 14 years old the right is not unconditional

Within the scope of urgent preliminary ruling procedures, the Court of Mantua, with order No. 1054 of 26 June 2020, ruled for the very first time on the necessary conditions to be met in order for a parent having a child younger than 14 years old to be entitled to remote working pursuant to article ....