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.
La Cour d’appel de Milan, Division du travail, par jugement n°780 du 5 octobre 2015, confirmant la décision du tribunal de première instance, a déclaré légitime le licenciement pour dépassement du congé maladie d’un travailleur survenu plus d’un an après l’expiration du congé maladie et après une période de maladie ininterrompue. La Cour d’appel, en ....
On 26 November 2019, Directive of the European Parliament and Council no. 1937/0/201, dated 23 October 2019, concerning the protection of individuals who report breaches of EU law, therefore, concerning whistleblowing, was published in the Official Journal of the European Union. Of specific importance, the provisions of the Directive are revealed, which include: – the ....
Alberto De Luca attended as speaker at the “Work Metamorphosis” conference on 5 December in Bologna. What are the advantages of digitisation and how is it changing the world of work? Alberto De Luca discussed this at the panel discussion organised on 5 December at the Stable – Future Food Urban CooLab, Bologna along with ....
The Court of Appeal, by order no. 28285 dated 4 November 2019, (i) established that, in order to resort to labour-only subcontracting, it is necessary that the factual elements in respect of which the court has the possibility of verifying the effectiveness of the grounds must be specified, given that the mere reference to “peaks ....
On 6 September 2019, the European Data Protection Board (“EDPB“) completed its public consultation on the document containing the draft of the forthcoming Guidelines 3/2019 concerning video surveillance (“Guidelines 3/2019 on processing of personal data through video devices“). The images and audio tracks that are processed through the use of video surveillance systems, fall under ....
The Court of Cassation, under order 23520 dated 20 September 2019, confirmed that the professional, when performing the service in a manner and time frame established by the management of the company, performing the same tasks as colleagues employed under an open-ended employment contract, is not a self-employed worker, but an employee. Facts of the ....
The Court of Cassation, under ruling no. 26029 dated 15 October 2019, clarified that, in the context of a collective procedure for reducing staff numbers, the dismissal of a mandatorily employed worker shall be considered unlawful if, at the time of the termination of the employment contract, the number of remaining mandatorily employed workers is ....
The Court of Cassation, under ruling no. 22367/2019, reiterated a well-established view that, although the choice of the type of applicable national collective bargaining agreement is a matter for the employer, the latter must express and prove its decision unequivocally. Facts of the case The case in question concerns the dismissal of a worker at ....
