News & Insights

Insights

Insights, News

Wide-ranging whistleblowing protection (Italia Oggi Sette Affari Legali – 5 April 2023, Vittorio De Luca)

Protection also extends to shareholders, apprentices, the self-employed, and consultants. Wide-ranging whistleblowing protection. In addition to their current employees and collaborators, private sector companies must also provide protection…

Insights, News

Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 – Vittorio De Luca, Alessandra Zilla)

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination…

Insights, News

Dismissal of employees for poor performance. What is “poor performance”? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…

Insights, News

Company email: the employer’s right of defence in court cannot limit the worker’s right to the protection of personal data

With an Order dated 11 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed on a company the payment…

Insights, News

Italian Court of Cassation: when can an abuse of leaves under Italian Law 104/92 be recognized?

With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave…

Insights, News

Italian Court of Cassation: transfer of an illegitimate business branch, previous damages only with formal notice

With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian…

Insights, News

DID YOU KNOW THAT… the Italian Legislative Decree implementing the so-called Whistleblowing Directive results in new obligations for employers?

Italian Legislative Decree no. 24 of 10 March 2023 (the ‘Decree’), implementing Directive (EU) 2019/1937 and ‘on the protection of persons who report breaches of Union law and…

Insights, News

Italian CCNL (Contratto Collettivo Nazionale Lavoro – National collective bargaining agreement) Commerce: the rules relating to the protected period

In its recent judgment No 5288 of 20 February 2023, the Italian Court of Cassation ruled that, with reference to the national collective bargaining agreement for employees in…

Insights, News

Dismissal for poor performance is unlawful if based on conduct previously raised against the worker

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the…

Insights

DID YOU KNOW THAT… the right to remote working has been extended/renewed for some categories of workers?

Italian Law of 24 February 2023, No 14 converted into law, with some modifications, Italian Decree-law of 29 December 2022, No 198, containing ‘urgent provisions regarding legislative deadlines.…

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