News & Insights

Insights

Insights, News

Refusal to wear a mask, legitimate suspension from work and remuneration (Guida al Lavoro of Il Sole 24 Ore, 9 July 2021 – Vittorio De Luca, Luca Cairoli)

The principle Health and safety in the workplace - worker's obligations - refusal to wear a mask - disciplinary relevance - legitimacy of suspension from work and remuneration…

Insights, News

An interview with Vittorio De Luca on labour market hot topics is in today’s L’Economia of Il Corriere della Sera

Our system’s real problem is an absence of serious active employment policies. De Luca & Partners managing partner Vittorio De Luca, discusses the agreement on the end of…

Insights, News

Lawful dismissal for abuse of leave under Italian Law 104 verified by a private investigator (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 30 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

The Court of Cassation has recently confirmed that the ‘abusive’ use of leave to care for disabled family members, as referred to in Article 33, par. 3 of…

Insights

It is discriminatory to subject the renewal of a cooperation agreement to acceptance of the applicable collective bargaining agreement (Newsletter Norme & Tributi n. 152 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

On 12 April 2021, the Palermo Court ruled that early withdrawal by a food delivery company from a fixed term cooperation agreement with a rider was invalid,  as…

Insights

Administrative liability of entities: interest and advantage in culpable offences

The Court of Cassation, IV Criminal Section, in its ruling no. 22256 of 3 March 2021 (filed on 8 June), ruled on the existence of the requisites of…

Insights

Unlawful collective dismissal for breach of selection criteria: mitigated reinstatement protection

The Court of Cassation, in ruling no. 10992 /2021, stated that if there is an unlawful collective dismissal due to non-compliance with the communication system established by art.…

Insights

The aliunde perceptum (sum earned elsewhere) is not deductible if the activity is compatible with the work performed before the dismissal

The Supreme Court of Cassation, in its Order no. 17051, published on 16 June 2021, stated that if a dismissal is declared unlawful, the aliunde perceptum resulting from…

Insights

Cyber-security: Decree published in the Official Gazette

Decree-Law no.  82/2021 (the "Decree") was published in the Official Gazette on 14 June, containing "urgent provisions on cyber-security - definition of the national cyber-security architecture and establishment…

Insights

DID YOU KNOW THAT… the new Standard Contractual Clauses have been approved for the transfer of data to non-EU countries?

Based on the principles in the Court of Justice Schrems II judgement of 16 July 2020, with Decision no. 2021/914 of 4 June 2021, the European Commission has…

Insights

Company transfer and demotion

The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion…

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