DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

On 26 November 2019, Directive of the European Parliament and Council no. 1937/0/201, dated 23 October 2019, concerning the protection of individuals who report breaches of EU law, therefore, concerning whistleblowing, was published in the Official Journal of the European Union. Of specific importance, the provisions of the Directive are revealed, which include: – the ....

Categories: Publications

The Court of Appeal, by order no. 28285 dated 4 November 2019, (i) established that, in order to resort to labour-only subcontracting, it is necessary that the factual elements in respect of which the court has the possibility of verifying the effectiveness of the grounds must be specified, given that the mere reference to “peaks ....

Categories: Practice

On 6 September 2019, the European Data Protection Board (“EDPB“) completed its public consultation on the document containing the draft of the forthcoming Guidelines 3/2019 concerning video surveillance (“Guidelines 3/2019 on processing of personal data through video devices“). The images and audio tracks that are processed through the use of video surveillance systems, fall under ....

Categories: Case Law

The Court of Cassation, under order 23520 dated 20 September 2019, confirmed that the professional, when performing the service in a manner and time frame established by the management of the company, performing the same tasks as colleagues employed under an open-ended employment contract, is not a self-employed worker, but an employee. Facts of the ....

Categories: Case Law

The Court of Cassation, under ruling no. 26029 dated 15 October 2019, clarified that, in the context of a collective procedure for reducing staff numbers, the dismissal of a mandatorily employed worker shall be considered unlawful if, at the time of the termination of the employment contract, the number of remaining mandatorily employed workers is ....