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Insights

Insights

Dismissal: the disciplinary code is not required for conduct that is manifestly contrary to workers’ duties

With the recent judgment No. 20284 of 14 July 2023, the Italian Court of Cassation ruled that, even though not specifically provided for in the disciplinary code, breaches…

Insights, News

DID YOU KNOW THAT… On 4 July, the Italian law converting the ‘Employment Decree’ came into force?

The ‘Employment Decree’ (Italian Decree Law No. 48/2023) was converted into Italian Law No. 85 of 3 July 2023, which introduced important innovations for employers. Below is an…

Insights, News

Fears over the future of work: the impact of artificial intelligence (Guida al Lavoro of Il Sole 24 Ore, 30 June 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal…

Insights, News

Disciplinary dismissal beyond the time limit provided for by the national collective bargaining agreement: weak indemnity protection for mere procedural flaw (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 10 July 2023 – Vittorio De Luca, Alessandra Zilla)

Failure to comply with the time limits laid down in the Italian national collective bargaining agreement for the notice of the letter of dismissal constitutes a procedural breach…

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…

Insights

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…

Insights

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…

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