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.
With its order 25561 of 12 October 2018, the Court of Cassation handed down its ruling on the time limits by which the dismissal of an individual announced verbally can be challenged. In fact, the concept according to which this type of dismissal is not subject to the 60-day time limit but the limitation period ....
Background Opinion 12/2018 adopted on 25 September 2018 by the European Data Protection Board or “EDPB”, has recently been made public. The EDPB is the body that is mainly in charge of ensuring a uniform and consistent application of EU Regulation 679/2016 on the protection of natural persons with regard to the processing of personal ....
With its order 24139/2018, the Court of Cassation clarified that in order to render the office of a company’s director gratuitous rather than remunerated, a lack of requests for payment is not sufficient, as a specific clause indicating the gratuitous nature of the director’s services must be included in the contract or the company’s articles ....
On 26 September 2018, the Constitutional Court announced in a press release that it had declared art. 3 of Legislative Decree 23/15 (“Provisions governing open term increasing protections employment contracts implementing Law no. 183, 10 December 2014”) constitutionally unlawful in the part that is not amended by Legislative Decree 87/2018 (the “Dignity Decree”), converted into ....
On 19 September Legislative Decree No. 101/2018 entered into force (the “Decree”), laying down provisions to align the national regulatory framework to European Regulation 679/2016 on personal data protection (“GDPR”). The Decree gives the Data Protection Authority (the “Authority”) broad powers as well as significant duties, such as the review of some codes of professional ....
With judgement dated 15 October 2018, No. 25711, the Court of Cassation provided again its opinion on what are the requirements (and to which magnitude they are relevant) for a work relationship qualified as independent to be reclassified as employment relationship. The ruling originated from an appeal filed at the Court of Milan by eight ....
With a lawsuit filed at the Court of Rome, a worker claimed of having provided his work under employment conditions for two specific time periods for a company providing design, implementation and production of TV programs, as part of a broadcast and to have been dismissed verbally. Specifically, the appellant claimed (i) of having written ....
The 2018 Budget Law (Law no. 205 dated 27 December 2017) introduced in the “Code of equal opportunities for men and women” (Legislative Decree 198/2006) new protections against discrimination due to harassment, including sexual harassment, in the workplace. In particular, the Italian legislator – having taken into consideration the widespread occurrence of such conduct – ....
