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

29 January 2020 • Insights

The judge may not of his own motion find any ground for nullity of the dismissal other than the one raised as an objection by the party (Il Quotidiano del Lavoro de Il Sole 24 Ore, 29 January 2020 – Vittorio De Luca, Antonella Iacobellis)

In its interesting judgement no. 8 of 2 January 2020, the Supreme Court ruled that, in view of the special nature of the governance of the invalidity of dismissal compared to the general governance of negotiated invalidity, the judge may not of his own motion find any reason for the dismissal to be invalid other ....

20 January 2020 • Insights

Employers who keeps the former employee’s email account active commits an offence

The Data Protection Authority, with “Measure no. 216 dated 4 December 2019“, confirmed an already consolidated position, according to which employers that keeps an employee’s company email account active after the termination of the employment contract and accesses the emails contained in the mailbox, commits an offence. The case A company used the labour court ....

20 January 2020 • Insights

Drivers: the Labour Inspectorate gives the go-ahead to the installation on smartphones of an application that allows for geolocation during the work activity.

The Central Directorate of Supervision, Legal Affairs and Litigation of the National Labour Inspectorate (“INL“), with note no. 9728 dated November 12, 2019, authorised the installation of an application on smartphones assigned to so-called Drivers, allowing for their geolocation during the delivery of goods. This is provided that the companies concerned are not RSAs or ....

20 January 2020 • Insights

Cameras in the company: workers’ consent is insufficient

The Court of Appeal, Penal Section, with sentence 50919 of 17 December 2019, confirmed that the installation of video-surveillance systems, resulting in the remote control of workers’ activities, must be preceded by reaching a trade union agreement or, failing that, by obtaining administrative authorisation. The consent of the workers concerned is not sufficient. Facts of ....

20 January 2020 • Insights

Budget Law 2020 published in the Journal: news in the field of labour, employment and social security

In Official Journal no. 304 dated 30 December 2019, Law no. 160 of 27 December 2019 was published. “Budget Law 2020“, in force since 1 January 2020. There is a great deal of news relating to labour and social security. News relating to labour and social security. One of the main innovations characterising the 2020 ....

20 January 2020 • Insights

Since 1 January 2020, the new mechanism for monitoring the payment of withholding taxes on contracts and subcontracts has been in force

Law 157/2019 converting, with amendments, Decree Law 124/2019 was published in Official Journal 301 dated 24 December 2019. “Tax Decree“). Therefore, as of 1 January 2020, companies that entrust one or more works or one or more services for a total annual amount of more than €200.00 to a company – through “a contract of ....

14 January 2020 • Insights

The members of the Board of Directors are always liable in the event of an accident, unless there a formal deed of proxy which cannot be substituted by de facto proxy (Il Quotidiano del Lavoro de Il Sole 24 Ore, 14 January 2020 – Alberto De Luca, Luca Cairoli)

The Court of Cassation, with judgement no. 54 filed on 3 January 2020, returned to express its position regarding the distribution of responsibilities for accident prevention obligations in limited companies. Expressing a general principle, the Court first of all pointed out that in corporations the employer’s obligations under the law relating to the prevention of ....

1 January 2020 • News

“Labour & Employment in Italy”: an interview with Alberto De Luca by Lexology

Alberto De Luca contributed to the drafting of the chapter dedicated to Italy in the “Labour & Employment” guide published by Lexology, illustrating the main legislative and jurisprudential news in a labour law manner and providing his point of view. Click here to read more.