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Insights, News

In tenders, the obligation to specify the applicable collective agreement (Il Sole 24 Ore, 20 February 2025 – Vittorio De Luca, Alessandro Ferrari)

The Corrective Decree on Public Procurement (Legislative Decree No. 209/2024), which came into force on December 31, 2024, was introduced to provide greater protection for workers employed in…

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

Data protection and collective agreements: provisions of national collective agreements that breach data protection rules should be disapplied

In its judgment of December 19, 2024,  case C-65/23, the Court of Justice of the European Union ruled that (i) the provisions of national collective labor agreements must…

Insights, News

The dismissal for economic reasons may be ‘directly or indirectly discriminatory’

In its decision of January 9, 2025, no. 460, the Italian Supreme Court ruled on the dismissal of a disabled executive for economic reasons, stating that the discriminatory…

Insights, News

DID YOU KNOW THAT… the application of the same protected period of absence due to sickness for employees with disabilities as for non-disabled workers can constitute a form of discrimination?

The Italian Supreme Court, with decision no. 170 dated January 7, 2025, was called to rule on the legitimacy of the dismissal of a disabled employee for exceeding…

Insights, News

AI in the workplace: the risks of indirect discrimination and how to avoid them (Agenda Digitale, 20 January 2025 – Vittorio De Luca, Giuseppe Arpino)

The introduction of artificial intelligence (AI)-based systems in the workplace is revolutionizing business processes, allowing companies to achieve significant advantages in terms of efficiency, precision, and productivity, even…

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

Jobs act referendum more risks than solutions (Il Sole 24 Ore, 9 January 2025 – Vittorio De Luca)

On December 12, 2024, the Court of Cassation admitted the referendum requests filed in July by the CGIL concerning, among other things, the regulation of unlawful dismissals under…

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