Insights

Comments and tools from De Luca & Partners’ experience

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Among the topics we explored at our Team Meeting this week was the area of employer checks carried out through investigative agencies, analysing Court of Cassation judgment of 11 October 2023, no. 28378. In that case a dismissal based on evidence collected by a private investigator who had not been indicated by name in the ....

Categories: Case Law

There is no law in the Italian legal system establishing a legal minimum wage. In fact, the parameters for  ‘fair’ pay are defined by the Italian Constitutional Charter. Specifically, Article 36 of the Italian Constitution states that fair pay is pay which ensures the worker a free and dignified existence and is proportionate to the ....

Categories: Legislation

With Ruling of 14 September 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that the processing of data carried out by a company appointed to read gas, electricity and water meters (the ‘Company’) was unlawful, confirming that the employer has an obligation to provide a full response to ....

Categories: Legislation

In order no. 29337 of 23 October 2023, the Italian Court of Cassation ruled that dismissal for objective reason in the event of refusal to work part time (or vice versa full time) is not in itself unlawful, but involves a redetermination of the justified objective reason and the burden of proof placed on the ....

Categories: Do you know that

With this circular the Italian Ministry of Labour provided its first guidelines on the most significant new initiatives introduced by Italian Decree-Law no. 48 of 2023, converted into law with amendments by Italian Law no. 85 of 3 July 2023, on fixed-term contracts. From among these, the most significant clarification provided by the Ministry concerns ....