Publications

Although the redundancy fund for the workforce (or a department) takes precedence over sick pay, the protected period continues to apply. This means that the dismissal of an employee who exceeded the protected period in such circumstances is legitimate. In a 17 July 2021 order, the Court of Foggia ruled on the validity of a ....

Also this year, De Luca & Partners participated in the drafting of the 8th edition of the Employment & Labour Law volume, which is part of the Global Legal Insights collection. The eighth edition of the Employment & Labour Law guide, updated to 2021 and extended to 17 countries around the world, was made available a ....

The principle Health and safety in the workplace – worker’s obligations – refusal to wear a mask – disciplinary relevance – legitimacy of suspension from work and remuneration “Due to the tragic situation which the country and the world experienced because of the Covid-19 epidemic, imposing mask wearing on workers by [the employer], stated in ....

The Court of Cassation has recently confirmed that the ‘abusive’ use of leave to care for disabled family members, as referred to in Article 33, par. 3 of Italian Law no. 104 of 1992, not only justifies dismissal, but can also be ascertained by private investigators. In this case, the employee had challenged his dismissal ....

On 12 April 2021, the Palermo Court ruled that early withdrawal by a food delivery company from a fixed term cooperation agreement with a rider was invalid,  as it was the direct consequence of his refusal to accept the governing conditions of the collective agreement chosen by the company and signed by trade unions he ....