Insights

Comments and tools from De Luca & Partners’ experience

Categories: Interviews

De Luca & Partners Managing partner and labour lawyer Vittorio De Luca explained to Verita&Affari: “This is a perfect storm between inflation, war, and increases in energy and raw material prices.”  The worst thing is that the government has little room for manoeuvre to contain the wave of layoffs that are likely to arrive in ....

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Websites that use Google Analytics (GA), without the guarantees provided for in Regulation (EU) 2016/679 (the “Regulation“), violate data protection legislation because they transfer user data to the United States which lacks adequate protection. The Data Protection Authority (“Garante“) made its ruling with a 9 June 2022 measure, adopted after a preliminary investigation initiated based ....

Categories: Case Law

In its ruling no. 20 of 27 May 2022, The Court of Udine stated that absence from work without providing any justification to force the employer to dismiss for unjustified absence, is unlawful. Such conduct constitutes resignation by facta concludentia, even without complying with the electronic procedure. The Court ruled that a worker who did ....

Categories: Case Law

In its order no. 22115 of 13 July 2022, the Court of Cassation stated that the Court’s assessment of similar situations for evaluating unreasonable inequality can only be based on allegations present in the case, such as to allow an investigation and a viable comparison. Facts of the case A worker was dismissed because of ....

Categories: Case Law

In its ruling no. 183 filed on 22 July 2022, the Constitutional Court called on Parliament to amend Art. 9 of Italian Legislative Decree 23/2015 which covered the system of protection for cases of unlawful dismissal in companies with less than 15 employees. The issue raised The Rome Court of First Instance, acting as employment ....

Categories: Do you know that

Legislative Decree of 30 June 2022 no. 105, implementing the “Directive (EU) 2019/1158 on work-life balance for parents and caregivers and repealing Council Directive 2010/18/EU” has been in force since 13 August. The measure stated that working fathers are entitled to leave, from two months before the presumed date of birth and within five months ....

Categories: Publications

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication in the Official Gazette on 29 July 2022, the new provisions set out in Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 ....

Categories: Publications

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who had not suffered such a penalty in similar situations. The Supreme Court declared the appeal inadmissible and stated that for an unreasonable inequality assessment, the possible consideration ....