News & Insights

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Insights, News

Violation of the Transparency Decree on the matter of automated tools entails anti-union conduct also if it concerns riders (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 5 May 2023 – Alberto De Luca, Luigi Picciarelli)

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information…

Insights, News

The issue of video cameras in the workplace (Wired, 28 April 2023 – Enrico De Luca)

An order of the Court of Cassation recognises that an employer may use security camera footage for disciplinary purposes Employers may use security camera footage for disciplinary purposes. This…

Insights, News

Collective dismissals: the conditions to limit them to certain corporate departments (Newsletter Norme & Tributi n. 168 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established…

Insights, News

Damages for demotion taxed if the nature of the compensation is not specified (Norme & Tributi Plus Diritto De Il Sole 24 Ore, 13 April 2023 – Alberto De Luca, Claudia Cerbone)

The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation,…

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

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, 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…

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