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Insights, News

EU, the expert: ‘With the pay transparency directive, effects on employers’ disclosure obligations’ (Adnkronos, 5 July 2023 – Alberto De Luca)

With the publication in the Official Journal of the European Union of Directive 2023/970 which introduces new employee protections and new employer obligations on equal pay and transparency…

Insights, News

DID YOU KNOW THAT… New extensions on remote working have been approved? 

By Law converting, with amendments, Decree-Law no. 48/2023 - (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ - which has…

Insights, News

Dismissal of employee for refusal to participate in training is fair (Newsletter Norme & Tributi no. 170 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By order No. 12241 of 9th May, the Labour Division of the Court of Cassation decided on the validity of disciplinary termination of an employee of an IT…

Insights

Italian Court of Cassation: failure by Health and Safety Officer (Responsabile Servizio Prevenzione e Protezione, ‘RSPP’) to carry out activities does not exempt employer from criminal liability

On 18 May 2023, the Italian Court of Cassation, criminal division, judgment no. 21153,ruled that ‘risk assessment is a specific function of the employer, which cannot be delegated…

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Disciplinary dismissal after deadline set by National Collective Bargaining Agreement (Contratto Collettivo Nazionale di Lavoro, ‘CCNL’): reduced compensation due to mere procedural defect

The Italian Court of Cassation, in its recent judgment no. 10802 of 21 April 2023, ruled once again on the timeliness of the communication of the dismissal, ruling…

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Fixed-term contracts: exceeding of limits can also be assessed when time has expired

Despite the failure to challenge previous agreements and the loss of the worker’s ability to challenge these agreements, exceeding the maximum limits permitted for fixed-term contracts can render…

Insights

Directive 2023/970 of the European Parliament and of the Council

Last May, Directive 2023/970 of the European Parliament and of the Council was published in the Official Journal of the European Union. The Directive entered into force on…

Insights, News

Dismissal ordered on basis of examples in CCNL is lawful, subject to proportionality assessment (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 21 June 2023 – Alberto De Luca, Chiara Carminati)

Worker’s recidivism also taken into account for purposes of correct legal classification of conduct within context of just cause for dismissal. The Italian Court of Cassation, Employment Division,…

Insights, News

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

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2023 edition published by English publisher Global Legal Insights. The volume…

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Trial judge determines just cause for dismissal (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 7 June 2023 – Valentino Biasi)

Dismissal for just cause of worker who gives personal badge to others to certify (false) attendance at the company is lawful. The Italian Court of Cassation, by order…

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