News & Insights

Pubblicazioni di Vittorio De Luca

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…

Insights

Excessive company delays on anonymous complaints run the risk of sanctions (L’Economia de Il Corriere della Sera – 11 december 2023, Vittorio De Luca)

Since the beginning of 2023, a task force at law firm De Luca & Partners has been entirely dedicated to the new decree on Whistleblowing which requires employers…

Insights, News

Straining and damages compensation (Newsletter Norme & Tributi no. 173 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By Order no. 29101 of 19 October 2023, the Italian Supreme Court ruled on the compensation claim for damages in a “straining” case. The employee took legal action…

Insights, News

Right to use holidays to avoid exceeding job retention period (comporto): limits and conditions (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 18 October 2023 – Vittorio De Luca, Alessandra Zilla)

  With Order no. 26697 of 21 September 2023, the Italian Court of Cassation ruled that an employer can deny holidays requested by a worker to avoid exceeding…

Insights, News

No reinstatement to work in case of an invalid probationary period agreement (Newsletter Norme & Tributi n. 171 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of dismissal due to unsuccessful trial period, in a case in which…

Insights, News

Fears over the future of work: the impact of artificial intelligence (Guida al Lavoro of Il Sole 24 Ore, 30 June 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal…

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