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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.

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ALL NEWS AND INSIGHTS

30 January 2023 • Insights

DID YOU KNOW THAT… Italian Decree Law No 198/2022 (the “Milleproroghe Decree”) has been published in the Italian Official Gazette?

On 29 December 2022, Italian Decree Law No 198/2022 was published in the Italian Official Gazette. This is the so-called ‘Milleproroghe Decree’ which introduces ‘Urgent provisions regarding legislative deadlines’. Article 9 of the above-mentioned Decree governs the extension of deadlines for provisions on matters within the competence of the Ministry of Labour and Social Policy.  ....

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23 January 2023 • News, Insights

European Court rules that employee tracking through company car geolocator is lawful (Norme e Tributi Plus Diritto, 23 January 2023 – Alberto De Luca, Claudia Cerbone)

As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer based on the data from the geolocator of an employee’s company car is lawful and the collection and processing of the relevant data does not result in ....

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18 January 2023 • Insights, News

More protection for whistleblowing (Album Speciale Lavoro de La Repubblica, 18 January 2023 – Vittorio De Luca)

The draft legislative decree to transpose the EU directive on whistleblowing has been approved. As the fight against corruption and the protection of whistleblowers progresses this year, those who decide to report wrongdoing, whether in the public or private sector, will be able to do so relying on greater protection. In early December, the government ....

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10 January 2023 • News, Insights

Carrying out unauthorised personal activities during working hours justifies dismissal even if the disciplinary code has not been displayed (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 10 January 2023 – Vittorio De Luca, Alessandra Zilla)

The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code is not necessary for the validity of the disciplinary dismissal of an employee for performing personal activities during working hours, leaving his workstation without permission and using ....

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2 January 2023 • Insights, News

Employer monitoring: monitoring of employee e-mail metadata unlawful

It is unlawful to monitor the metadata of company e-mails assigned to employees that do not guarantee adequate protection of confidentiality and are carried out in breach of the rules limiting remote monitoring of workers. This was established by the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali – the Italian ....

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2 January 2023 • Insights, News

In the absence of a res litigiosa (dispute) conciliation statement may be challenged

The Court of Milan, in judgment No 2652 of 11 November 2022, returned to the issue of the appealability of conciliation statements, ruling that in the absence of a res litigiosa (dispute), the minutes cannot be classified as settlement agreements, with the consequent potential ability to challenge the waivers contained therein. The facts of the ....

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2 January 2023 • Insights, News

Budget Law 2023

The Italian Budget Law 2023 (Italian Law No 197/2022) was published in the Official Journal (Gazzetta Ufficiale) on 29 December 2022 and comes into force on 1 January 2023 and introduces the following important initiatives in the employment law field. Agile working: as of 1 January 2023, the categories of workers with the right to ....

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2 January 2023 • Insights, News

Certification of gender equality: the Italian Ministry of Labour establishes the criteria and procedures for granting tax exemption   

With the press release of 28 November, the Italian Ministry of Labour and Social Policy publicised the ministerial decree of 20 October 2022 which defines the criteria and procedures for granting the tax exemption for private employers who obtain the certification of gender equality introduced into our legal system by Italian Law No 162/2021.   This ....

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