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

27 April 2022 • Insights

DID YOU KNOW THAT… The European Commission and the US reached a framework agreement on the transfer of personal data?

On 25 March, the European Commission and the United States of America announced that they had reached a new framework agreement on the cross-border transfer of personal data (the “Trans-Atlantic Data Privacy Framework”) that will be the basis for an adequacy decision by the European Commission. The new agreement was announced less than two years ....

27 April 2022 • Insights

Ministry of Labour: published the circular containing the operating guidelines to access wage supplements under an employment relationship

In its circular of 18 March 2022, the Ministry of Labour provided operating guidelines relating to the changes made by Decree Law no. 4 of 27 January 2022, (hereafter, Decreto Sostegni ter [Support Decree ter]) to the regulations on wage supplements governed by Legislative Decree no. 148/2015. The Ministry focused on the following issues: Starting ....

27 April 2022 • Insights

Exceeding the protected period and unchangeability of the dismissal notice

In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “‘by summation” requires specification of the days of absence due to illness, to which unjustified absences cannot be counted. Facts of the case An employee of the Udine Prefecture had challenged her ....

20 April 2022 • News

“Italian Employment and Labour Law” – Diritto del lavoro da esportazione (Businesscommunity.it, 20 April 2022, De Luca & Partners)

An operating and practical guide in English which is an easy-to-consult tool for professionals and operators who interact with the Italian legal system. The labour law theme helps establish cooperation between foreign companies wanting to move to Italy. With a greater knowledge, these companies can overcome some existing national economic system limits.The new handbook Italian ....

12 April 2022 • Insights

Legislative reform on social safety nets during employment

In circular no. 6/2022, the Ministry of Labour, provided some guidelines on the changes made by Decree Law. no.  4 of 27 January 2022 ( Decreto Sostegni ter [Support Decree ter]), to access wage subsidies for workers during the employment relationship. The Ministry clarified that companies applying for the redundancy fund for business termination who ....

5 April 2022 • News, Insights

Oral dismissal is invalid but must be proved by the employee, who may otherwise be deemed to have resigned (Il Quotidiano del lavoro – Il Sole 24 Ore, 5 April 2022 – Alberto De Luca, Raffaele Di Vuolo)

In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....

1 April 2022 • News

Webinar “Contracts for hiring and applicable benefits” (Assolombarda, April 7, 2022 – Enrico De Luca, Valentino Biasi)

Enrico De Luca and Valentino Biasi will be speakers in the “Contracts for hiring and applicable benefits” webinar organised by Assolombarda on 7 April at 10 am. The speakers will provide an overview of the main types of employment contracts, tax benefits and financial incentives linked to new hires. Focus The meeting analyses the different ....

31 March 2022 • Insights

Business transfer: RSA does not automatically lapse (Newsletter Norme & Tributi n. 158 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....