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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

6 February 2025 • News, Insights

Abuse of 104/92 leave: burden of proof in case of dismissal (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 6 February2025 – Vittorio De Luca)

Article 33 of Law 104/1992 regulates paid leave ‘for the assistance, social integration and rights of disabled persons’. These permits consist in the possibility for public or private, full-time or part-time employees to be absent from work, while retaining the right to remuneration and figurative contribution coverage for pension purposes, in order to assist a ....

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3 February 2025 • News, Insights

Repêchage does not oblige relocation to inferior tasks incompatible with the worker’s profile (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 3 February 2025 – Vittorio De Luca, Alesia Hima)

The Court of Cassation, with Order No. 1364 of 20 January 2025, clarified important aspects relating to the obligation of repêchage in the event of dismissal for justified objective reasons. In particular, the Court of Cassation – excluding the reinstatement of the employee – ruled that the obligation of repêchage does not require the employer ....

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29 January 2025 • News, Insights

Data protection and collective agreements: provisions of national collective agreements that breach data protection rules should be disapplied

In its judgment of December 19, 2024,  case C-65/23, the Court of Justice of the European Union ruled that (i) the provisions of national collective labor agreements must comply with data protection regulations and that:(ii) ”Should the national court seized of the matter conclude, following its review, that certain provisions of the collective agreement […] ....

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29 January 2025 • News, Insights

The dismissal for economic reasons may be ‘directly or indirectly discriminatory’

In its decision of January 9, 2025, no. 460, the Italian Supreme Court ruled on the dismissal of a disabled executive for economic reasons, stating that the discriminatory nature of the dismissal is not excluded by the presence of another valid reason, such as the elimination of the position due to company restructuring.  The case ....

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29 January 2025 • News, Insights

DID YOU KNOW THAT… the application of the same protected period of absence due to sickness for employees with disabilities as for non-disabled workers can constitute a form of discrimination?

The Italian Supreme Court, with decision no. 170 dated January 7, 2025, was called to rule on the legitimacy of the dismissal of a disabled employee for exceeding the protected period.  Specifically, a disabled employee challenged the ruling of the Court of Appeal, which had determined that applying the same protected period for both non-disabled ....

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20 January 2025 • News, Insights

AI in the workplace: the risks of indirect discrimination and how to avoid them (Agenda Digitale, 20 January 2025 – Vittorio De Luca, Giuseppe Arpino)

The introduction of artificial intelligence (AI)-based systems in the workplace is revolutionizing business processes, allowing companies to achieve significant advantages in terms of efficiency, precision, and productivity, even in the management and organization of their workforce. The principle of non-discrimination in the workplace However, the adoption of such tools raises several critical issues, and it ....

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13 January 2025 • News, Insights

Italian Constitutional Court rewrites the rules on de facto cohabitation and family business (The Platform, 13 January 2025 – Vittorio De Luca, Giuseppe Arpino)

With sentence No. 148, published in the Official Gazette on 31 July 2024, the Constitutional Court declared the illegitimacy of Article 230-bis, third paragraph, of the Civil Code, in the part that does not include the ‘de facto cohabitee’ among the participants in the family business. The ruling originates from the claim made by the ....

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9 January 2025 • News, Insights

Jobs act referendum more risks than solutions (Il Sole 24 Ore, 9 January 2025 – Vittorio De Luca)

On December 12, 2024, the Court of Cassation admitted the referendum requests filed in July by the CGIL concerning, among other things, the regulation of unlawful dismissals under the so-called the so-called increasing protection employment contract (“contratto a tutele crescenti” in Italian parlance) under Legislative Decree No. 23/2015.  This system has always interested public opinion ....

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