Categories: Insights

25 Oct 2009

Court of Cassation: Reconciliation, the omission is not objectionable

The Court of Cassation, with the decision No. 21797/09, has clarified that, in the process concerning labour issues, the lack of the mandatory out of court attempt to settle, which is provided as a condition without which the claim can not be proposed, has to be pleaded by the defendant in the defence, and can be pointed out by the court, but within the hearing under Article. 420 Italian procedure civil code with the result that, where the action is bared to prosecution is not declared by the court within the specified term, the matter can not be pleaded in the judgements of second or third instance.
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12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

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30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

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27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

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27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

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27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…

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17 Apr 2026

Criminal penalties are being introduced for those who fail to protect remote workers (The Platform, 17 April 2026 – Vittorio De Luca e Martina De Angeli)

The provision amends Legislative Decree 81/2008 by introducing a new Article 3, paragraph 7-bis, which makes compliance with safety obligations conditional upon the delivery—at least annually—of a written…

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