News & Insights

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Insights, News

Court of Trento, legitimate dismissal of a no mask worker (Il Quotidiano del lavoro of Il Sole 24 Ore, 11 August 2021 – Alberto De Luca, Luca Cairoli)

In a ruling dated 8 July 2021, the Court of Trento, upheld a disciplinary dismissal (for just cause) imposed on a teacher who repeatedly refused to wear a…

Insights, News

EU Court: The employer can prevent employees from wearing political, philosophical or religious symbols if needed (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 6 August 2021 – Vittorio De Luca, Debhora Scarano)

The Court of Justice of the European Union looked at the delicate issue of using religious symbols in the workplace under a ruling published on 15 July 2021,…

Insights, News

Clock-on scam: plea bargaining has binding effect in civil dismissal proceedings (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 4 August 2021 – Alberto De Luca, Alessandra Zilla)

The Court of Cassation, in ruling no. 20560 published on 19 July 2021 confirmed the facts subject of a plea bargain in a criminal case must be established…

Insights, News

Green pass to access the workplace is not conceivable in the absence of compulsory vaccination (Guida al Lavoro de Il Sole 24 Ore, n. 33/34 – Vittorio De Luca, Debhora Scarano)

In an internal letter of the director general sent by e-mail to the directors of the system’s local and sectoral associations, Confindustria expressed its favourable opinion on the…

Insights, News

Redundancy fund for the whole workforce takes precedence over sick pay but does not suspend the protected period (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 27 July 2021 – Alberto De Luca, Claudia Cerbone)

Although the redundancy fund for the workforce (or a department) takes precedence over sick pay, the protected period continues to apply. This means that the dismissal of an…

Insights, News

Employment & Labour Law – Global Legal Insights, ninth Edition (Vittorio De Luca, Roberta Padula e Claudia Cerbone)

Also this year, De Luca & Partners participated in the drafting of the 8th edition of the Employment & Labour Law volume, which is part of the Global…

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

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, News

Employee transfer is not mobbing (Il Quotidiano del lavoro de Il Sole 24 Ore, 24 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling…

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