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 March 2019 • Insights

Organisational Models: dissemination proposal of the Register of chartered accountants (Newsletter Norme & Tributi n. 130 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

On 10 January 2019, the Council of the national register of chartered accountants (“Ordine dei Commercialisti”), together with the Italian banking association ABI (“Associazione Bancaria Italiana”), the Consiglio Nazionale Forense and Confindustria, published a document titled “Consolidated principles for defining organisational models and the tasks of the supervisory body and the prospects for a review ....

6 March 2019 • Insights

Reinstatement of a job position after 7 months does not affect the lawfulness of a dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 6 March 2019 – Alberto De Luca, Gabriele Scafati)

By way of judgment No. 4672 filed on 18 February 2019, the Court of Cassation has once again ruled on the lawfulness of dismissal for elimination of a job position when such position is reinstated a few months after the employer’s termination of the employment relationship. The case refers to an electronics engineer specialised in ....

4 March 2019 • Insights

The applicable guarantees in the event of unlawful dismissal in the light of the judgment of the Constitutional Court (Il Commerci@lista, Lavoro e Previdenza January/February 2019, Vittorio De Luca – Stefania Raviele)

The grounds of judgment no. 194/2018 – lodged on 9 November – were published in the Official Gazette no. 45 last 14 November 2018. In this judgment, the Constitutional Court ruled that Article 3 (1), Legislative Decree no. 23 of 4 March 2015, is constitutionally illegitimate, limitedly to the words “in the amount equal to ....

4 March 2019 • Insights, News

“Dismissal and indemnity – the rules do not provide certainty” (Affari&Finanza, 4 March 2019 – Vittorio De Luca)

The increase in disputes and the rising financial value of settlements, together with a scenario that has become more unstable and uncertain, could be discouraging employers from recruiting. For Vittorio De Luca, a managing partner at De Luca & Partners, these are some of the effects that could emerge from a recent ruling by the ....

28 February 2019 • Insights

The “new” protection of trade secrets

The Italian Government with Legislative Decree No. 63/2018 (the “Decree“) implemented the EU Directive No. 2016/943 (the “Directive“) on the protection of the so-called “undisclosed know-how” and business information (trade secrets) against their unlawful acquisition, use and disclosure.   The Directive   The Directive falls in an economic-production context such as the current one, continuously ....

28 February 2019 • Insights

Do you know that… Effective from May 6, 2019 those who do not wish to receive snail mail must register in the Italian Do Not Call Registry?

On 19 January, the Official Gazette published the “Regulation amending the Presidential Decree No. 178/2010 on the matter of the Do Not Call Registry concerning the use of snail mail” (Presidential Decree No. 149 dated 8 November 2018, hereinafter the “Regulation” or the “Presidential Decree”). The Do Not Call Registry (that is the registry where ....

28 February 2019 • Insights

Refusal to transform the employment relationship from full time to part time is evidence of a “repêchage” attempt

The Court of Cassation, with judgement No. 1499 dated 21 January 2019, confirmed the principle of law according to which, concerning dismissal due to justified objective grounds, it must be deemed proven that an attempt has been made to repêchage by the employer who, as an alternative to dismissal, offered to the redundant employees the ....

28 February 2019 • Insights

Fraudulent staff-leasing: clarifications from the Labour Inspectorate

On 12 August 2018, the conversion law No. 96/2018 of Decree Law No. 87/2018 (the so-called Dignity Decree) came into force, which, among other things, reintroduced the crime of fraudulent staff-leasing with Article 38 bis of Legislative Decree No. 81/2015. Said offence – already provided for by the Biagi Law No. 276/2003 and then abrogated ....