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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.…

Insights, News

Transparency Decree: the first indications of the Personal Data Protection Authority (Newsletter Norme & Tributi no. 166 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

On 24 January 2023, the Personal Data Protection Authority (the "Authority") gave the first interpretative and operative indications on the processing by employers of employees’ personal data using…

Insights, News

Contractual joint and several liability: contribution recovery is not subject to the two-year limitation period (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 22 February 2023 – Vittorio De Luca, Stefania Raviele)

The order under comment confirms the Supreme Court case law which differentiates the deadlinesapplicable to the actions carried out by employees under procurement contract and those governingcontribution recovery…

Insights, News

Disciplinary power: employer’s discretion and dismissal lawfulness (Spanish Chamber of Commerce in Italy news, 14 February 2023 – Enrico De Luca, Luca Cairoli)

To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed…

Insights, News

Manager dismissal: justifiability and just cause compared (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 13 February 2023 – Vittorio De Luca, Alessandra Zilla)

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held…

Insights, News

De Luca & Partners and HR Capital launch a new whistleblowing task force (Legalcommunity, 6 February 2023)

De Luca & Partners launches a new task force supporting companies grappling with the Whistleblowing legislative decree, which requires employers to implement a system of protection and safeguards…

Insights, News

Contribution and tax relief introduced by the budget law and extension of remote working for vulnerable persons

On 29 December 2022, Italian Law No 197/2022, entitled ‘State budget for the financial year 2023 and multi-year budget for the three-year period 2023-2025’ (‘Bilancio di previsione dello…

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