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.
On 1 July 2022, the 29 April 2022 Decree of the Ministry of Equal Opportunities was published in the Official Gazette, providing the parameters for obtaining the gender equality certification under Article 1, paragraph 147, of Law 234/2021. This provision delegated the Government to establish (a) the minimum parameters to obtain the gender equality certification, ....
The Court of Justice of the European Union (hereafter: “Court of Justice”), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established in a Member State, who works for at least 45 minutes per day in an establishment located in another Member State, which coincides with the country of ....
Art. 2087 requires employers to take measures to prevent situations harmful to the worker’s physical health and personality based on experience, technology, and type of work. This “open” rule obliges the entrepreneur to adopt legal measures for specific and generic work risks based on common experience or necessary to ensure work safety considering the type ....
The Court of Cassation, III Criminal Section, in its ruling no. 16302/2022, held a logistics company liable for the administrative violation arising from the commission of the offence referred to in Art. 2 of Legislative Decree no. 74/2000 (“Fraudulent declaration by using invoices or other documents for inexistent transactions”), committed by its managers in its ....
In ruling no. 13063 of 26 April 2022, the Court of Cassation set out the principle of “the manager’s power (… ) to organise their holidays independently, even if accompanied by obligations provided for by collective bargaining to inform the employer of work planning and rest periods. This does not entail the loss of the ....
In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person to be assisted is not an absolute and unlimited subjective right but is subject to the decision of the Administration which, according to its organisational needs, may ....
In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the last overall remuneration from the dismissal day until the day of reinstatement. Any amount received by the worker by way of aliunde perceptum or percipiendum (earnings from ....
On 22 June 2022 the Council of Ministers, definitively approved the draft legislative decree implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union ( “Transparency Decree”). The draft decree introduces new disclosure obligations in addition to the applicable legislation (Legislative Decree no. 26 May 1997, no. 152), which the ....
