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

26 June 2018 • Insights

Lawfulness of the personal data processing through GPS, but with limitations

With its Decision No. 441 of 29 May 2018, the Data Protection Authority has admitted the possibility of personal data processing through a geographic positioning system installed on tablets and smartphones given to the employees of a company that renders private security guard and money & valuables transport services. The above provided that the company ....

26 June 2018 • Insights

The ethical minimum rule as insurmountable limit of trade union freedom

With its judgment No. 14527 of 6 June 2018, the Court of Cassation has quashed the decision of the Court of Appeal having territorial jurisdiction which, by reversing the decision of the first instance judge, had declared the unlawfulness of the dismissal for cause served on five employees who had staged the suicide and the ....

26 June 2018 • Insights

Unlawful data processing: automatic non-patrimonial damage

With its order No. 14242/2018, the Court of Cassation was requested to rule on the existence of non-patrimonial damage in case of unlawful data processing. In particular, the dispute under the close examination of Court of Cassation concerned the order to transfer a Customs Agency employee after commencement of an investigation by the Public Prosecutor’s ....

26 June 2018 • Insights

Lawful investigation activity of the employer, but with limits

With its judgment No. 15094 of 11 June 2018, the Court of Cassation has stated that the controls carried out through an investigation agency (or security guards) may in no way concern the fulfilment or the breach of the contractual obligation, but must only limit themselves at ascertaining the carrying out of unlawful acts carried ....

5 June 2018 • Insights, News

Human resources, good practices on the podium (L’Economia, Corriere della Sera, 4 June 2018 – Vittorio De Luca)

Lawyers are now those to take care of awarding a prize to virtuous companies. The first edition of Excellence Innovation HR award has kicked off, that is an award aimed at the companies doing business in Italy that fosters reflection on the best practices in the labour market and in human resources management, pointing out ....

31 May 2018 • Insights

The European Whistleblower (Legislation & Taxation Newsletter no. 124 – German Italian Chamber of Commerce – Vittorio De Luca, Luciano Vella)

On 23 April 2018, the European Commission formalised a proposal for a Directive for the protection of whistleblowers (Directive of the European Parliament and of the Council on the Protection of Persons reporting on Breaches of Union Law) in all Member States. Its purpose is to standardise the laws currently in force in some Member ....

30 May 2018 • Insights

Right to criticize and dismissal: when the worker is justified (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 May 2018 – Alberto De Luca, Gabriele Scafati)

With judgment No. 11645/18, the Court of Cassation made clear once again its opinion on the relation between the right of criticism, protected under the Constitution, and the civil duty of loyalty and honesty in the relationship between employees and employers. In the case in question, an employee of a famous telephony company had been ....

30 May 2018 • Insights

The clarifications of the Italian National Labor Inspectorate (“INL”) relating to the filing of the conciliation minutes signed before the trade unions

The Confederdia Union has requested clarifications to the National Labour Inspectorate (“INL”) regarding the rejection issued by the territorial office of the Inspectorate to the filing of the minutes of conciliation signed pursuant to art. 411 of the Civil Code, justified with the alleged lack of powers by the union. In this respect, INL, with ....