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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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Decreto lavoro: disclosure obligations under the Transparency Decree made easier (Newsletter Norme & Tributi n. 169 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Decree-Law 48 of 4 May 2023, so-called  “Decreto Lavoro“, which came into force on 5 May, lays down new measures to, inter alia, simplify the employment disclosure requirements…

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Pseudonymised data: Court of Justice of the European Union rules against European Data Protection Supervisor

In judgment of 26 April 2023 (case T-557/20), the Court of Justice of the European Union (‘CJEU’) ruled that pseudonymised data transmitted to a recipient who does not…

Insights

Refusal to work part-time: when is dismissal lawful for justified objective reason?

With order No 12244 of 9 May 2023, the Italian Supreme Court of Cassation confirmed that if an employee refuses to go from full-time to part-time, he/she may…

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