News & Insights

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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, 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…

Insights, News

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…

Insights, News

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…

Insights, News

Italian Court of Cassation: employer’s repêchage obligation (obligation to relocate) – necessary to evaluate also positions that will become available in period close to dismissal

By judgment No 12132 of 8 May 2023, the Italian Court of Cassation ruled on the subject of dismissal for justified objective reason. The Court specified that in…

Insights, News

Collective dismissal, ‘extended’ comparison even if restructuring affects a single unit (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 19 May 2023 – Valentino Biasi, Luigi Picciarelli)

The comparison between redundant employees can be limited only to employees of a unit or sector, subject to their ability, due to previous employment in other company departments,…

Insights, News

Whistleblowers on alert (Italia Oggi, 17 May 2023 – Alberto De Luca, Julia Ivankovic)

Whistleblowers liable for similar actions The legislation that protects an employee who reports unlawful conduct which he/she has become aware of due to his/her duties is ‘aimed at…

Insights, News

The EU Commission bans TikTok. Would it be possible in Italy? (Dealflower, 12 May 2023 – Enrico De Luca, Julia Ivankovic)

As is well known, on 23 February 2023 the European Commission requested its employees and collaborators to uninstall the TikTok social network application from their business and personal…

Insights, News

Video cameras and disciplinary breaches (MAG de Legalcommunity, 10 May 2023 – Enrico De Luca, Martina De Angeli)

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to…

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