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

3 September 2019 • Insights

DID YOU KNOW THAT… Starting 1 September the electronic procedure will be available for the issue of Form A1?

In order to make it easier for employers to submit applications for the release of Form A1, INPS has developed a new procedure aimed at computerizing the procedure for the issue of this certification. The portable document A1 is issued to certify the social security legislation applicable to the worker, holder of the form, in ....

3 September 2019 • Insights

The company may not unilaterally withdraw from the National Collective Labour Agreement before its expiry date

The Court of Cassation, in judgement 21357/2019, stated that a company cannot unilaterally withdraw from the collective agreement signed by the employers’ association to which it adhered before its expiry. This, even though this contract has become too expensive over time. The facts The Court of Appeals of Turin upheld the decision of first instance ....

3 September 2019 • Insights

The form for notifying the Data Breach is ready

With Regulation 157 of 30 July 2019, which fully replaces all previous measures on the subject, the Guarantor for the Protection of Personal Data has provided the form for reporting computer incidents. Data Breach Pursuant to Article 33, paragraph 1, of the EU Regulation 2016/679 on the protection of personal data (the “GDPR“), the Data ....

3 September 2019 • Insights

The requirements relative to the processing of special categories of data have been issued

The procedure for revising the 9 General Authorisations issued by the Privacy Guarantor in 2016 when the previous legislation was in force, in light of the EU Regulation on the protection of personal data 2016/679 (“GDPR“), has been completed. At the end of the public consultation launched last December, the Guarantor adopted Regulation 146 of ....

3 September 2019 • Insights

Extending the lunch break beyond the deadline is more serious than absence from work

The Court of Cassation, in its judgement 21628/2019, stated that extending the lunch break beyond the time allowed and not having completed the work is more serious than absence from work. The facts A postman was fired for “having been remained on two occasions with others well beyond the anticipated lunch period, while leaving the ....

3 September 2019 • Insights

The company agreement signed to cope with a temporary increase in activity does not expire and can be reused

The Court of Cassation, in its judgement 21390 filed on 14 August 2019, stated that a company agreement signed to deal with a temporary increase in activity does not expire unless explicitly provided for and can be reused later. The facts The Court of Appeals with territorial jurisdiction upheld the decision of the lower court ....

1 August 2019 • Insights

Legitimate dismissal even with a minimum reduction in revenue (Il Quotidiano del Lavoro de Il Sole 24 Ore, 1 August 2019 – Enrico De Luca, Antonella Iacobellis)

The Court of Cassation reiterated that the judge’s review cannot also concern the merits of the employer’s management choices, and a minimum reduction in revenue, if objectively linked to the expulsion measure, can be considered suitable to justify dismissal. The background that the Court of Justice, with its judgement of 18 July 2019, No 19302, ....

26 July 2019 • Insights

When the preordained challenge against the dismissal is timely

With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular, the jurisprudential findings on the matter have been underlined, according to which the principle of the immediacy of the challenge of the charge and that of the ....