Publications

The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies, occasional service contracts and temporary employment. New obligations for employers and principals with the Transparency Directive, 2019/1152. The changes in the draft legislative decree were approved by ....

In ruling no. 19321, published on 15 June 2022, the Court of Cassation considered the dismissal for justified subjective reason for an employee who worked during leave for “serious family reasons” legitimate. In the case covered by the Court of Cassation’s ruling no. 19321/2022, on 15 May 2017, a worker requested to take leave from ....

Examination of the relationship between contractual and corporate welfare (where works and services are not subject to contributions and taxation) and the social security contribution obligation compliance document (DURC) which is indispensable for accessing the regulatory and contributory benefits provided for by the labour and social legislation Contractual welfare is the worker protection and welfare ....

The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction of 28 April 2022, imposed on a company in charge of managing the municipal waste collection service for the Municipality of Taranto (the “Municipality”), a € 200,000 fine for having entrusted processing personal data to a sub-processor without having requested and obtained specific ....

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2022 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

Human error is the data controller’s responsibility The Italian Data Protection Authority (“Garante”), in its 28 April 2022 injunction imposed a € 50,000 fine on the National Institute for Insurance against Accidents at Work (“INAIL” or the “Institute”) after three computer incidents. These incidents allowed users to access data relating to others.INAIL, in its capacity ....

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period.   The case originated from the dismissal of an ....

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....