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.
In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not a mere formal deviation from the procedural scheme of the regulation, but an actual nullity which always gives the employee the right to reinstatement. The case at ....
According to Article 29, paragraph 2, of Legislative Decree 276/2003 (known as the “Legge Biagi”), in the context of service contracts (“contratti di appalto” in Italian parlance), the principal company or employer is jointly and severally liable with the contractor, as well as with any subcontractors, within two years after the termination of the contract, ....
Vittorio De Luca, interviewed by Giorgio Pogliotti for Il Sole 24 Ore, addressed the topic of subcontracting, with a particular focus on unlawful subcontracting and the related sanctions. “We often observe a lack of full awareness among businesses regarding the seriousness of the consequences of non-genuine subcontracting and the preventive actions that should be taken,” ....
Compliance, Agency Contracts, and Privacy Management: A Growing Complexity The law firm De Luca & Partners and HR Capital have recently highlighted significant issues in strategic areas such as contract management, regulatory compliance, and data protection. These areas, critical for Italian companies, are confronted with evolving regulations that demand increasing attention to avoid economic and ....
A recent ruling of the Court of Rome (no. 2615, dated March 4th, 2024) addressed, for the first time in Italy, the issue of the correct legal classification of the so-called “influencers”. According to this ruling, an influencerwho promotes a company’s products on a stable and continuous basis should be classified as an agent. Needless to ....
The Italian employment sector, which has recently brought this issue back into focus in its discussions, might view this question as somewhat provocative. Under our legal system, remote working is defined as a mode of execution of the employment relationship, which is to be established through an agreement between the parties. This means that the ....
The Italian Court of Cassation, called upon to rule on the possibility of applying the joint and several liability provisions of Article 29 of Legislative Decree 276/2003 to service contracts other than those formally governed by Article 1655 of the Italian Civil Code (“contratti di appalto” in Italian parlance), with its recent judgment no. 26881 ....
The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions from work could not be qualified as a strike. The decision came after the rejection of the appeal filed by some employees against a disciplinary sanction imposed by a highway company following two days of unjustified absence. The Court ....