News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

2 October 2025 • News, Insights

Revocation of resignation: also possible during the probationary period

With order no. 24991 of September 11, 2025, the Italian Supreme Court ruled that the rules governing electronic resignations and the related right of revocation, set out in Article 26 of Legislative Decree no. 151/2015, also apply where the resignation and the subsequent revocation occur during the probationary period (i.e. “patto di prova”). The facts ....

2 October 2025 • News, Insights

Dismissal is legitimate when parental leave is used for purposes unrelated to the care of the child (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

By order no. 24922 of 9 September 2025, the Italian Court of Cassation once again addressed the sensitive issue of the abuse of parental leave, as provided for by Article 32 of Legislative Decree no. 151/2001, confirming the legitimacy of dismissal for just cause imposed on an employee who had used such leave for purposes ....

1 October 2025 • News, Insights

DID YOU KNOW THAT… an employee may be dismissed for medical inability to work if no reasonable accommodations are possible?

With Order No. 24994 of September 11, 2025, the Italian Supreme Court – labor division – clarified that although the employer has a duty to actively seek solutions to preserve the job of a worker who has become medically unfit, this obligation does not extend to imposing unreasonable organizational changes or creating positions that are ....

29 September 2025 • News, Insights

Abuse of Parental Leave and Dismissal for Just Cause: The Court of Cassation Reaffirms the Limits of the Employee’s Prerogative Right (Agenda Digitale, 29 September 2025 – Alessandra Zilla, Alesia Hima)

The Supreme Court Upholds the Dismissal for Just Cause of an Employee Who Used Parental Leave to Work at His Wife’s Seaside Resort Instead of Caring for His Children Parental leave, governed by Article 32 of Legislative Decree no. 151/2001, is an instrument designed to protect parenthood, conceived to allow working parents to devote time ....

11 September 2025 • News, Insights

Oral dismissal: the central role of proving the employer’s intention to terminate (Modulo 24 Contenzioso Lavoro, 8 September 2025 – Vittorio De Luca, Alessandra Zilla)

In the absence of proof of the employer’s intention to terminate, a claim of ineffectiveness of an oral dismissal must be rejected The Court of Catania, in its recent judgment no. 2385 of 5 June 2025, reiterated that a claim challenging a dismissal, where the ineffectiveness of the measure is alleged on the grounds that ....

10 September 2025 • News, Insights

Workplace relationships in the workplace: between personal freedom and professional responsibility (The Platform, 10 September 2025 – Vittorio De Luca, Silvia Zulato)

Reflections in light of current events on workplace relationships At a time when companies promote workplace well-being, diversity, and work-life balance, one issue often remains in the background—rarely spoken about, yet strongly felt: romantic relationships in the workplace. This is anything but an easy matter to address, as it touches on sensitive aspects of employment ....

27 August 2025 • News, Insights

Artificial Intelligence in the workplace: Guidelines for HR and managers on the use of AI Systems in employment contexts (Econopoly of Il Sole 24 Ore, 27 August 2025 – Martina De Angeli, Alesia Hima)

Artificial Intelligence (AI) is now a concrete component of business processes, increasingly applied in Human Resources management. Algorithms promise efficiency and impartiality in complex tasks such as recruiting, performance evaluation, or task allocation. However, this promise comes with significant risks. Precisely because of their potential impact on fundamental rights, AI systems used in the workplace ....

26 August 2025 • News, Insights

Law 104 leave and company checks: when is it lawful to resort to private investigation agencies? (Il Sole 24 Ore, 26 August 2025 – Vittorio De Luca, Alesia Hima)

Checks must always be carried out in full compliance with the employee’s privacy and dignity. The use of private investigation agencies can be a potentially very effective tool for companies, allowing them to identify unlawful conduct by their employees, such as the improper use of leave under Law 104/92. However, it is essential to strike ....