News & Insights

Pubblicazioni di Vittorio De Luca

Insights, News

Business transfer: agreement with the Unions can derogate from statutory working conditions (Newsletter Norme & Tributi n. 164 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business - or parts thereof -…

Insights, News

Court of Cassation: informing only the Unions of forced holidays is unlawful (Newsletter Norme & Tributi n. 163 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure…

Insights, News

Aiuti-ter, more restrictions on large companies, the aim is to protect employment (Affari & Finanza 24 October 2022 – Vittorio De Luca)

The outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a…

Insights, News

A written dismissal notice cannot be proved by witnesses (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 11 October 2022 – Vittorio De Luca, Marco Giangrande)

A disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack…

Insights, News

Personnel report by 14 October (Il Quotidiano del Lavoro of Il Sole 24 Ore, 6 October 2022 – Vittorio De Luca, Stefania Raviele)

The 14 October deadline requires companies with more than 50 employees to submit the two-year personnel report for 2020-2021, governed by Article 46 of Legislative Decree 198/2006. This…

Insights

Unilateral termination of an enterprise bargaining agreement is anti-union (Newsletter Norme & Tributi n. 162 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

By an order of 25 April 2022, the Court of Bologna held that the early termination by the employer, effective immediately, of the financial aspects of an enterprise…

Insights, News

The legitimacy of checks by the employer through a detective agency (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 20 September 2022, Vittorio De Luca, Marco Giangrande)

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within…

Insights, News

A dismissal is legitimate even if it does not punish similar conduct committed by colleagues (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 29 August 2022 – Enrico De Luca, Raffaele Di Vuolo)

The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees…

Insights, News

Transparency Decree, new employer obligations (Modulo24 Contenzioso del Lavoro – Form24 Labour Litigation – Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication…

Insights, News

Legitimacy of dismissal and burden of proof on the employee, if a colleague was not dismissed for the same conduct (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who…

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