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.
Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things stand, current law does not allow the processing of employees’ biometric data for purposes of timekeeping”. This was reiterated by the IDPA in a ruling of 6 ....
In judgment no. 128 of 16 July 2024, the Italian Constitutional Court declared Article 3, paragraphs 1 and 2 of Italian Legislative Decree no 23/2015 to be unconstitutional. The Court made this finding on the basis that the provision does not provide that the mitigated reinstatement protection also applies in cases of dismissal for justified ....
Italian Decree-Law no. 19/2024 (converted by Italian Law no. 56/2024) increased penalties for unlawfully carrying out staff supply work, contracting and secondment by expanding the cases for which there are criminal penalties. In summary, contracting, secondment, and staff supply work are considered unlawful when workers are used without meeting legal requirements, for evasive purposes, and ....
In a judgment of 10 April 2024, the Court of Campobasso dealt with a topic that, in recent years, has assumed ever greater importance in our legal system, namely the identification of national collective bargaining agreements signed by the “most representative trade union”. In a context in which Italian legislation refers, more and more frequently, ....
The Italian Data Protection Authority (‘IDPA’) recently returned to the issue of corporate email metadata retention by the employer. The order of 6 June 2024, entitled “Computer programs and services for the management of e-mail in the workplace and processing of metadata”, extends the retention period for metadata from 7 to 21 days. This new ....
In judgment no. 8956 of 4 April 2024, the Italian Court of Cassation addressed the issue of whether dismissal of an employee for taking unjustified absence on a public holiday is unlawful. An employee initiated legal proceedings to obtain a declaration that her dismissal was unlawful. The disciplinary offence alleged against her was “unjustified absence ....
Negli ultimi anni, complici l’evoluzione tecnologica e la pervasiva informatizzazione del lavoro, le realtà produttive di tutto il mondo si sono trovate ad affrontare importanti cambiamenti, spesso in assenza di un apparato di regole entro cui muoversi. In questo contesto, l’avvento dell’intelligenza artificiale ha rappresentato un elemento di novità, con rischi e potenzialità inesplorate che ....
With judgment no. 16630 of 14 June 2024, the Italian Court of Cassation ruled that to reinstate the employment relationship under Article 18, paragraph 10, of the Workers’ Charter, it is sufficient for the employer to send the notice of revocation of dismissal within 15 days of the notice of dismissal, although it is not ....