News & Insights

Pubblicazioni di Vittorio De Luca

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…

Insights, News

Disciplinary dismissal beyond the time limit provided for by the national collective bargaining agreement: weak indemnity protection for mere procedural flaw (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 10 July 2023 – Vittorio De Luca, Alessandra Zilla)

Failure to comply with the time limits laid down in the Italian national collective bargaining agreement for the notice of the letter of dismissal constitutes a procedural breach…

Insights, News

Dismissal of employee for refusal to participate in training is fair (Newsletter Norme & Tributi no. 170 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By order No. 12241 of 9th May, the Labour Division of the Court of Cassation decided on the validity of disciplinary termination of an employee of an IT…

Insights, News

Employment & Labour Law – Global Legal Insights, eleventh Edition (Vittorio De Luca, Roberta Padula e Claudia Cerbone)

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2023 edition published by English publisher Global Legal Insights. The volume…

Insights, News

Wide-ranging whistleblowing protection (Italia Oggi Sette Affari Legali – 5 April 2023, Vittorio De Luca)

Protection also extends to shareholders, apprentices, the self-employed, and consultants. Wide-ranging whistleblowing protection. In addition to their current employees and collaborators, private sector companies must also provide protection…

Insights, News

Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 – Vittorio De Luca, Alessandra Zilla)

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination…

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…

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