News & Insights

Publications

Insights, News

Legitimate worker transfer even if their unusability in the original location was unproved (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 19 November 2021 – Alberto De Luca, Debhora Scarano)

With its order no. 32506 of 8 November 2021, the Court of Cassation addressed the issue of judicial review of the technical, organisational and production reasons underlying transfers…

Insights

Decision to shut down business without consultation with Unions is anti-union behaviour (Newsletter Norme & Tributi n. 154 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In September, the Court of Florence upheld the argument of the local Fiom CIGL (the "Union") against the conduct of a company in the procedure to cease production…

Insights, News

Digitalisation and Sustainability: challenges for future corporate governance (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 25 October 2021 – Alberto De Luca, Martina De Angeli)

Digitalisation and sustainability are two issues at the heart of the debate about the challenges companies will face soon. To date, the term “digitalisation” (or “digital transformation”) still…

Insights, News

Remote working and returning to work: post-emergency considerations (Il Quotidiano del lavoro of Il Sole 24 Ore, 25 October 2021 – Vittorio De Luca)

Remote working has exponentially increased due to the Covid-19 health emergency that started in 2020. The advantages and potential of this work method, forcibly experienced at a mass…

Insights

Employee Legitimate dismissal due to performing other activities while being absent for illness (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 13 October 2021 – Enrico De Luca, Luca Cairoli)

With its order no. 26709 of 1 October 2021, the Court of Cassation expressed its opinion on the legitimacy of dismissals of workers who are caught carrying out…

Insights

Compensatory damages in case of limitation of the workers’ freedom of association (Newsletter Norme & Tributi n. 153 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause…

Insights, News

Non-competition agreement: the payment is valid even if paid during employment (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 September 2021 – Alberto De Luca, Roberta Padula)

The Court of Cassation, with order no. 23418 of 25 August 2021, returned to deal with the subject of requirements for validity of non-competition agreements. The Court’s ruling…

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…

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