News & Insights

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Insights

Did you know that… adopting a policy on IT tools allows using the data collected also for disciplinary purposes?

The adoption of a policy regulating the use of IT tools (e.g. Internet, email, tablets and smart phones) made available to the employees in accordance with the provisions…

Insights

The Chamber of Deputies has finally approved the “Mille proroghe” Decree

At the sitting of 23 February 2017, the Chamber of Deputies finally approved Draft Law C. 4304 for conversion into law, with amendments, related to the Law Decree…

Insights

Massive, prolonged and indiscriminate monitoring on computer tools provided to employees are forbidden

With measure no. 547 dated 22 December 2016 and published in the newsletter of 17 February 2017, the Privacy Authority for the protection of personal data reaffirmed that…

Insights

The introduction of gangmastering among the predicate offences envisaged by Italian legislative decree no. 231 (Newsletter Norme & Tributi – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

La Legge n. 199/2016, entrata in vigore lo scorso 4 novembre, ha ampliato l'elenco dei reati presupposto di cui al D.lgs. 231/01, introducendo all'art. 25-quinquies la riformulata fattispecie…

Insights, News

Employment & Labour Law – Global Legal Insights, Fifth Edition (Vittorio De Luca, Roberta Padula e Claudia Cerbone)

Also this year, De Luca & Partners participated in the drafting of the 5th edition of the Employment & Labour Law volume, which is part of the Global…

Insights

Timeliness of notification upon full knowledge of the fact

The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice…

Insights

The employer’s decisions in dismissal for justified objective grounds are unquestionable

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the…

Insights

As part of a contract, the burden of proof regarding safety in the workplace must be borne by the customer

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all…

Insights

Mandatory repêchage in affiliated companies: the burden of proof must be borne by the employer

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an…

Insights

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by…

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