News & Insights

Pubblicazioni di Vittorio De Luca

Insights, News

Dismissal of employees for poor performance. What is “poor performance”? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…

Insights, News

Manager dismissal: justifiability and just cause compared (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 13 February 2023 – Vittorio De Luca, Alessandra Zilla)

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held…

Insights, News

Only the employer is entitled to install audiovisual systems (Newsletter Norme & Tributi n. 165 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual…

Insights, News

More protection for whistleblowing (Album Speciale Lavoro de La Repubblica, 18 January 2023 – Vittorio De Luca)

The draft legislative decree to transpose the EU directive on whistleblowing has been approved. As the fight against corruption and the protection of whistleblowers progresses this year, those…

Insights, News

Carrying out unauthorised personal activities during working hours justifies dismissal even if the disciplinary code has not been displayed (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 10 January 2023 – Vittorio De Luca, Alessandra Zilla)

The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code…

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…

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