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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.

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ALL NEWS AND INSIGHTS

10 July 2023 • 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 resulting in the application of the indemnification penalty under Article 18(6). The Italian Court of Cassation, with the recent judgment No. 10802 of 21 April 2023, once ....

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5 July 2023 • Insights, News

EU, the expert: ‘With the pay transparency directive, effects on employers’ disclosure obligations’ (Adnkronos, 5 July 2023 – Alberto De Luca)

With the publication in the Official Journal of the European Union of Directive 2023/970 which introduces new employee protections and new employer obligations on equal pay and transparency ‘the Member States of the European Union have the obligation to adapt their local laws by encouraging (and also imposing) pay transparency also in the private employment ....

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3 July 2023 • News, Insights

DID YOU KNOW THAT… New extensions on remote working have been approved? 

By Law converting, with amendments, Decree-Law no. 48/2023 – (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ – which has been approved by the Italian parliament and is currently scheduled to be published in the Italian Official Gazette (“Conversion Law“) – the right to remote working will ....

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30 June 2023 • News, Insights

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 company who had refused to further study certain operating systems and to update the programmes used by a client. In the case at hand, the judge of the ....

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28 June 2023 • Insights

Italian Court of Cassation: failure by Health and Safety Officer (Responsabile Servizio Prevenzione e Protezione, ‘RSPP’) to carry out activities does not exempt employer from criminal liability

On 18 May 2023, the Italian Court of Cassation, criminal division, judgment no. 21153,ruled that ‘risk assessment is a specific function of the employer, which cannot be delegated even through delegating functions to another person and any failure by the RSPP to cooperate in the drafting of the Risk Assessment Document (Documento di Valutazione dei ....

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28 June 2023 • Insights

Disciplinary dismissal after deadline set by National Collective Bargaining Agreement (Contratto Collettivo Nazionale di Lavoro, ‘CCNL’): reduced compensation due to mere procedural defect

The Italian Court of Cassation, in its recent judgment no. 10802 of 21 April 2023, ruled once again on the timeliness of the communication of the dismissal, ruling that breach of the deadline established by the collective bargaining agreement for the adoption of the final provision of the disciplinary procedure may constitute a breach of ....

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28 June 2023 • Insights

Fixed-term contracts: exceeding of limits can also be assessed when time has expired

Despite the failure to challenge previous agreements and the loss of the worker’s ability to challenge these agreements, exceeding the maximum limits permitted for fixed-term contracts can render the employment relationship invalid. This was established by the Italian Court of Cassation in judgment no. 15226/2023 of 30 May 2023, based on a well-established interpretation and ....

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28 June 2023 • Insights

Directive 2023/970 of the European Parliament and of the Council

Last May, Directive 2023/970 of the European Parliament and of the Council was published in the Official Journal of the European Union. The Directive entered into force on 6 June 2023 and Member States will have to implement the provisions contained therein by 7 June 2026, failing which the infringement procedure may be started against ....

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