News & Insights

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Think Tank

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.

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Insights, News

Dismissal: the Italian Supreme Court of Cassation clarifies the difficult distinction between insubordination and "just cause"

The Court of Cassation, in its order no. 18296 of 4 July 2024, ruled that an employee who adopts stubborn attitudes with respect to the company's business irreparably…

Insights, News

Yes to dismissal of rude and scurrilous employee (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 16 October 2024 – Vittorio De Luca, Giuseppe Arpino)

In its order no. 26440 dated October 10, 2024, the Court of Cassation, Labor Section, reaffirmed the legitimacy of the dismissal imposed on an employee who had addressed…

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Processing of personal data: the risks for those who refuse the role of authorized subject (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 14 October 2024 – Vittorio De Luca, Martina De Angeli)

The Court of First Instance of Udine (Labour Section, order no. 504 of 2 August 2024) declared lawful the measure of suspension from work and remuneration, imposed by…

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Notification of illness contracted abroad: valid the notification by fax (Norme & Tributi Plus Lavoro de Il Sole 24 Ore, 08 October 2024 – Vittorio De Luca, Roberta Padula)

Sending the medical certificate by fax is a valid method of notification of illness by the employee, as it is expressly provided for in the company’s rules. The…

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Supreme Court: the workers’ safety representative (i.e. “Rappresentante dei lavoratori per la sicurezza” or “RLS”) has a wider right to criticize and express opinions than an employee

With Order No. 23850/2024, published on 5 September 2024, the Supreme Court clarified that employees who also act as workers’ safety representatives (“RLS”) are entitled to the same…

Insights, News

Dismissal for carrying out recreational activities during sick leave: burden of proof

The Court of Cassation, by its decision no. 23858 of 5 September 2024,  confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying…

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DID YOU KNOW THAT… Since 17 September 2024, the “Salva Infrazioni” decree has increased the compensation indemnity for fixed-term contracts declared unlawful?

Decree-Law No. 131/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts.…

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Lawful dismissal of an employee on sick leave who participates in a football tournament (Newsletter Norme & Tributi n. 180 Camera di Commercio Italo-Germanica – Vittorio De Luca, Roberta Padula)

The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period…

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