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

29 August 2023 • Insights

Worker who has just exceeded protected period cannot be dismissed

The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads to a disability immediately after exceeding the protected period, but must make reasonable arrangements for the preservation of the job, in compliance with the principles of good ....

29 August 2023 • Insights

Job-related illness does not fall within protected period if there has been no specific training

By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related to the tasks for which they are employed, sick days attributable to harmful working conditions do not count towards the protected period. This applies even if the ....

29 August 2023 • Insights

DID YOU KNOW THAT… It is better not to postpone holiday leave? 

With its recent judgment No. 17643 of 20 June 2023, the Italian Court of Cassation affirmed the principle that the limitation period for a worker’s right to receive compensation in lieu of untaken holiday leave and weekly rest starts from the termination of the employment relationship, except where the employer proves that the worker was ....

7 August 2023 • News, Insights

Italian Transparency Decree obligations continue to apply to fully automated systems (Norme e Tributi Plus Lavoro of Il Sole 24 Ore, 7 August 2023 – Vittorio De Luca, Alessandra Zilla, Martina De Angeli)

Workers must be informed of the use of fully automated decision-making or monitoring systems. In particular they must be informed of the aspects of the relationship involved, the purposes and purposes of the systems, and how they operate. The emergence of technologies using artificial intelligence systems and their increasing use has ushered in a new ....

3 August 2023 • News

Climate change: protecting workers from injuries becomes a priority

The Ministry of Labour and Social Policies has published on its institutional website a Vademecum providing guidelines for the management of workers who are exposed (indoors and outdoors) to high temperatures during the summer period. The preamble states that “in the light of climate change scenarios, the protection of workers from temperature-related accident risks is ....

31 July 2023 • Insights

Italian Court of Cassation: Defence checks on employee’s company e-mail

By judgment No. 18168 of 26 June 2023, the Italian Court of Cassation once again addressed the issue of the limits of employer controls via the use of IT tools, establishing the unlawfulness of dismissal and the non-usability of evidence gathered following a check on an employee’s company e-mail carried out by the employer company ....

31 July 2023 • Insights

Void trial period agreement and withdrawal ad nutum: no reinstatement, but mere indemnity protection

The Italian Court of Cassation in its very recent judgment No. 20239 of 14 July 2023 ruled on the issue of an employer’s withdrawal ad nutum that was given on the basis of a trial period agreement, which was declared null and void, stating that, where the dismissal does not fall under any of the ....

31 July 2023 • Insights

Court of Turin: the right to Naspi in the case of resignation due to transfer

By judgment No. 429 of 27 April 2023, the Court of Turin established that resignation for just cause giving entitlement to the unemployment allowance ‘Naspi’ does not require the worker to prove that the transfer was unjustified if the new place of work is more than 50 km away from his/her residence. The facts of ....