DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

Decree of the Italian President of the Council of Ministers (‘Decree’) of 6 July 2023 set out the guidelines for planning entry flows of foreign workers for the three-year period 2023-2025. The Decree provides the criteria for determining new entry flows, setting a three-year quota of a total of 452,000 admissions for employees (both seasonal ....

Categories: Legislation

With Ruling dated 6 July 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that data processing carried out by a public utility service company (the “Company”) was unlawful. The DPA ruled that an employer has an obligation to allow a worker to access all his or her personal ....

Categories: Legislation

One of the fundamental requirements in the context of disciplinary complaints is consistency between the charge alleged against a worker and the underlying sanction imposed. This principle is aimed at ensuring a fair and just procedure in the context of employment relationships, to prevent the employer from carrying out dismissals based on circumstances over and ....

Categories: Legislation

In its recent order No. 19023 of 5 July 2023, the Italian Court of Cassation has ruled on geographical jurisdiction under Article 413 of the Italian Code of Civil Procedure. The Court ruled that the worker’s home, from which he performed his work through remote working, could not be classified as a company dependence in ....

Categories: Legislation

By judgment No. 18168 of 26 June 2023, the Italian Court of Cassation once again addressed the issue of the limits of employer controls via the use of IT tools, establishing the unlawfulness of dismissal and the non-usability of evidence gathered following a check on an employee’s company e-mail carried out by the employer company ....