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

29 November 2022 • Insights

A late medical certificate justifies absence

The Italian Court of Cassation, with judgment No 33134 of 10 November 2022, established that there is no unjustified absence if a worker delivers the medical certificate of illness after receiving the disciplinary complaint. The facts of the case Following an unjustified absence lasting seven days, a worker was dismissed for just cause. Both the ....

29 November 2022 • Insights

Straining occurs when the harassment is not continuous and there is no malicious intent on the part of the employer

With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from mobbing. The proceedings arise from the appeal presented before the Court of Paola by a municipal employee who complained of having been subjected to malicious conduct by ....

29 November 2022 • Insights, News

Reform of employment proceedings

On 17 October 2022, Italian Legislative Decree No 149/2022, implementing Italian Delegated Law No 206/2021, was published in the Italian Official Gazette, under which the reform of the civil litigation proceedings is also extended to the rules governing employment proceedings. The objective is to reorganise and consolidate the various changes that, in recent years, have ....

29 November 2022 • Insights

DID YOU KNOW THAT… The exemption threshold for fringe benefits has been increased to EUR 3,000?

On 18 November 2022, Italian Decree-law No 176/2022 (the ‘Aiuti–quater [LT1] Decree’) containing additional measures to support the energy sector and relating to employment and public finance, was published in the Italian Official Gazette. With reference to the new initiatives in the employment sphere, the Aiuti-quater Decree provided for a further increase in the tax and ....

23 November 2022 • Insights, News

Sustainable Humanity, Stefania Raviele’s interview on switch up, Rinascita Digitale format

During this episode Stefania Raviele delved into the issues of inclusion and gender equality within corporate organizations and how they are required to take into account numerous factors such as ESG, LGBTQ+, D&I, Welfare, Gender Equality, and Parenting Support. You can watch the full interview on Rinascita Digitale.

18 November 2022 • News

Equal Pay and the Gender Pay Gap in Italy (Stefania Raviele – 18 november 2022)

At the 2022 edition of WomenX Impact held in Bologna from 17 to 19 November, Stefania Raviele addressed the issue of the Gender Pay Gap, analysing it from a regulatory and case-law point of view. During the event, the risks associated with the Gender Pay Gap were highlighted and how it can lead to employers facing ....

Licenziamento per giustificato motivo oggettivo
14 November 2022 • News, Insights

Managers excluded from dismissal prohibition during pandemic (Guida al Lavoro of Il Sole 24 Ore – Alberto De Luca, Alessandra Zilla)

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat Covid 19 – Decree Law no. 18/2020 and Decree Law no. 104/2020 – Dismissal prohibition for objective justified reason – Manager – Dismissal for position redundancy – ....

2 November 2022 • News, Insights

Assisted negotiation, labour settlements are no longer just carried out by trade unions or their equivalent (Norme & Tributi Plus Lavoro of Il Sole 24 Ore – Alberto De Luca, Luca Cairoli)

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected procedure”, under Art. 2113, fourth paragraph of the Italian Civil Code. The Reform of the Civil Process, (Legislative Decree 10 October 2022, no. 149 of 10 October ....