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

28 February 2020 • Insights

Disciplinary procedure: illness does not justify the inability to attend the requested oral hearing

The Court of Cassation, in its judgment No. 980 of 17 January 2020, clarified that, in the context of disciplinary proceedings, the state of illness cannot in itself be sufficient to justify the inability to attend the hearing requested in order to make oral counter-arguments in relation to the contested facts. Facts of the case ....

28 February 2020 • Insights

Leave under Law No. 104 does not have a compensatory or restorative function for the energy used by the worker for the assistance provided: dismissal for just cause is lawful

The Court of Cassation, with judgment No. 1394 filed on 22 January 2020, once again drew attention to the use and potential abuse of leave to assist disabled family members pursuant to Article 33, paragraph 3, of Law No. 104 of 1992. In particular, the Supreme Court, in affirming the principle that such leave is ....

28 February 2020 • Insights

Do you know that… companies will have to update the risk assessment document for the presence of biological risk from the Coronavirus?

Il diffondersi del nuovo virus COVID-19 (cd coronavirus) impone alle aziende di aggiornare il Documento di Valutazione dei rischi (cd DVR), tracciando il nuovo rischio biologico ad esso collegato. Ciò in quanto il datore di lavoro: (i) ai sensi dell’art. 2087 cod. civ., ha il dovere di apprestare tutte le misure di sicurezza al fine ....

27 February 2020 • Insights

Companies and Coronavirus – Update

The alarm generated by the rapid increase of the number of Coronavirus cases in the last few days, especially in Lombardy, has led the Government to implement extraordinary measures in order to limit the chance for the spread of outbreaks by means of Law Decree no. 6 of February 23, 2020 and the relevant implementing ....

21 February 2020 • News

ll Sole 24 Ore – Quotidiano del Lavoro: De Luca & Partners on whistleblowing and personal data protection

Il Quotidiano del Lavoro publishes an article signed by Vittorio De Luca, Antonella Iacobellis and Martina De Angeli in connection with a recent decision of the Italian Data Protection Authority, which imposes a sanction of an Italian University for not having properly protected the personal data of two whistleblowers, by relying on the security procedures ....

21 February 2020 • Insights

Coding and safe communication protocol to protect whistleblowers (Il Quotidiano del Lavoro, Il Sole 24 Ore, 21 February 2020 – Vittorio De Luca, Antonella Iacobellis, Martina De Angeli)

With Decision No. 17 of 23 January 2020 and in imposing a sanction on an Italian University for not having properly protected the confidentiality of the identification data of two persons – the whistleblowers –, who had reported possible unlawful behaviours, the Italian Data Protection Authority has laid stress on the fact that an obligation ....

18 February 2020 • Insights

No reinstatement if the business is discontinued after the dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 18 February 2020 – Alberto De Luca, Luca Cairoli)

With order 1888 dated 28 January 2020, the Court of Cassation has ruled on a case of dismissal for unlawful justified objective grounds with the consequent reinstatement in the job based on article 18 of Law No. 300/1970 (in the text prior to the amendment brought about with Law No. 92/2012). By expressing a general ....

17 February 2020 • Insights

Companies and Coronavirus – Operating instructions

News regarding the spread of Novel Coronavirus (2019-nCoV) require companies to take measures to prevent the risk of infection as far as possible, since, as it is known. In accordance with the Italian applicable law, the employer: – pursuant to article 2087 of the Italian Civil Code, has the duty to provide all security measures ....