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 May 2019 • Insights

Remote work: silence does not apply to administrative authorisation – consent

  The National Council of Labour Consultants has submitted an application to the Ministry of Labour for its opinion on the configurability of the silence of consent with regard to the request for authorization to install audiovisual equipment and instruments pursuant to art. 4 of Law 300/1970. This considering the provisions of Law 241/1990 whereby ....

29 May 2019 • Insights

Co.co.co.: collective agreement excludes the protection of employment

The Court of Rome, Labour Section, by ruling of 6 May 2019, has discussed hetero-organized contracts of collaboration, developing further the direction of the jurisprudence that arose in relation to art. 2 of Legislative Decree. 81/2015 on the occasion of the so-called ” Foodora case”. The facts The dispute in question concerned the collaboration between ....

23 May 2019 • Insights

Rito Fornero, the Supreme Court intervenes on the scope of the opposition phase (Il Quotidiano del Lavoro de Il Sole 24 Ore, 23 maggio 2019 – Enrico De Luca, Antonella Iacobellis)

On 15 May 2019, by order no. 13025, The Supreme Court returned to deal with the right of the judgment of first instance established pursuant to Article 1 (51) Law no. 92/2012 (“Fornero’s Law”) to be recognized in the second phase (so-called opposition phase). The Court of Cassation has observed that the opposition phase must ....

10 May 2019 • Insights

Labour law is linked to ESG (ESG governance LAB newsletter – ETicaNews, May 2019 – Vittorio De Luca, Elena Cannone)

The sustainable approach to investments is increasingly the benchmark for virtuous entrepreneurs, who place sustainability issues at the center of their entrepreneurial decisions. This is also increasingly the case in relation to the management of their own staff. An indication of this has also come from the Excellence & Innovation HR Award, the prize for ....

9 May 2019 • Insights

Conflictual relationships originating from the employer do not constitute mobbing

With order no. 10043 of 10 April 2019, the Italian Court of Cassation again ruled on the requirements that need to be met for a series of actions taken by an employer to constitute mobbing, in the case reported by a manager who had declared himself to have been the victim of behaviour presented as ....

3 May 2019 • News

“Reorganisation and dismissals after the judgement of the Constitutional Court no. 194/2018” Conference – Convenia, Milan (5 and 12 June 2019)

Alberto De Luca will be a speaker at the “Reorganisation and dismissals after the judgement of Constitutional Court No. 194/2018” conference organised by Convenia on 5 June in Milan and 12 June in Rome.   LOCATION AND TIMES Milan – Wednesday 5 June 2019 Rome – Wednesday 12 June 2019 (9.00 – 13.00 / 14.30 ....

2 May 2019 • Insights

Appealability of agreements signed with the involvement of trade unions

By way of order No. 9006 of 1 April 2019, the Court of Cassation has ruled that the minutes of a settlement agreement signed with the involvement of trade unions is actionable by the worker only in the event of vitiated consent or lack of assistance by the trade union representative. The court, on the ....

2 May 2019 • Insights

European Parliament approves whistleblowing directive

A Directive containing the EU’s new whistleblowing rules was adopted by the European Parliament on 16 April 2019 in Strasbourg, with 591 votes in favour, 29 against and 33 abstentions.   The rules in question ensure greater safeguards for people who blow the whistle (whistleblowers) on wrongdoings in the workplace, in areas like “public contracts”, ....