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

7 October 2019 • Insights

Milan Court of Appeals: non-competition agreement and option clause in favour of the employer

The Court of Appeals of Milan, with sentence 908 of 2 September 2019, addressed the issue of the validity of the non-competition agreement subject to the right of option under Article 1331 of the Italian Civil Code for the employer. Facts of the case The case in question originates from the appeal filed by an ....

7 October 2019 • Insights

DO YOU KNOW THAT… starting 10 September, income deriving from remuneration plans based on financial instruments does not count for the purposes of employee severance indemnities, contractual institutions and the calculation of the indemnity in lieu of notice for executives of the Tertiary National Collective Labour Contract?

On September 10, 2019 Confcommercio and Manageritalia, following the agreement to extend the validity of the National Collective Labour Agreement for the Managers of Tertiary Companies last July 11, signed an Agreement Report regarding welfare and contractual bilateralism. Among the significant changes, it should be noted that, starting 10 September 2019, income deriving from stock ....

4 September 2019 • Insights

Corporate immigration: Global Legal Group 2019 comparative guide available on line

Security Decree, in force since December 2018, has amended the Legislative Decree 286/98 (“Immigration Act”) concerning corporate immigration in Italy. The 2019 edition of the international comparative legal guide to corporate immigration, published by Global Legal Group in partnership with American Immigration Lawyers Association, now available for free on line, provides an analysis of 34 ....

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 ....

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 ....