News & Insights

Pubblicazioni di Vittorio De Luca

Insights, News

Italian Law 104/1992: Proper use of paid leave for assisting disabled family members (Il Sole 24 Ore, 7 February 2025 – Vittorio De Luca, Alesia Hima)

Italian Law 104/1992 grants employees paid leave to assist family members with disabilities, with the cost covered by INPS (the National Institute for Social Security). However, misuse of…

Insights, News

Abuse of 104/92 leave: burden of proof in case of dismissal (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 6 February2025 – Vittorio De Luca)

Article 33 of Law 104/1992 regulates paid leave ‘for the assistance, social integration and rights of disabled persons’. These permits consist in the possibility for public or private,…

Insights, News

Repêchage does not oblige relocation to inferior tasks incompatible with the worker’s profile (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 3 February 2025 – Vittorio De Luca, Alesia Hima)

The Court of Cassation, with Order No. 1364 of 20 January 2025, clarified important aspects relating to the obligation of repêchage in the event of dismissal for justified…

Insights, News

Italian Constitutional Court rewrites the rules on de facto cohabitation and family business (The Platform, 13 January 2025 – Vittorio De Luca, Giuseppe Arpino)

With sentence No. 148, published in the Official Gazette on 31 July 2024, the Constitutional Court declared the illegitimacy of Article 230-bis, third paragraph, of the Civil Code,…

Insights, News

The salary credit fraud. An alert tip for HR managers (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 19 December 2024 – Vittorio De Luca, Martina De Angeli)

Do you know that if you receive an email from an employee of your organization requesting you to update his or her bank details and informing you of…

Insights, News

HR Managers, data breaches and ‘disloyal’ employees (HR Link, 10 December 2024 – Vittorio De Luca)

HR Managers are required to carefully handle data breaches scenarios and behaviors that points to a “disloyal” employee. The legal framework and the possibility of such events occurring…

Insights, News

The dismissal notified to the old address is valid if the employee does not communicate the new one (Newsletter Norme & Tributi n. 182 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Court, by its decision no. 28171 of 31 October 2024, confirmed the validity of a dismissal notified to the employee's previous address if the employee did…

Insights, News

A resignation submitted by a worker under threat of dismissal will be annulled (Newsletter Norme & Tributi n. 178 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)

With judgment no. 7190 of 18 March 2024, the Italian Court of Cassation addressed the issue of the validity of a resignation submitted by an employee under threat…

Insights, News

In the case of a sham outsourcing contract, dismissal must be by principal (Newsletter Norme & Tributi n. 177 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)

In judgment no. 32412 of 22 November 2023, the Italian Court of Cassation dealt with the lawfulness of a dismissal by the formal employer of a worker employed…

Insights, News

Dismissal for justified objective reasons and repêchage (obligation to relocate): employer’s obligations (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 31 January 2024 – Vittorio De Luca, Alessandra Zilla)

In the case of dismissal for objective reasons, the repêchage obligation may be limited by the fact that the dismissed person does not have the professional skills to…

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