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

31 March 2022 • Insights

DID YOU KNOW THAT … until 30 April can workers access workplaces with the basic green pass?

Until 30 April 2022, to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector (including employees over 50, without prejudice to the vaccination obligation and related sanctions) is required to possess and submit a Covid-19 green pass (recovery, vaccination or test to access workplaces). This provision applies to those who carry ....

28 March 2022 • Insights

Dismissal and groundlessness of facts (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 28 March, Vittorio De Luca)

Disciplinary dismissal and groundlessness of the contested fact considering case law following the amendment of Art. 18 of the Workers’ Statute by the “Fornero Law”, and the entry into force of the “Jobs Act.” According to the latest developments in case law, groundlessness of the contested fact includes cases in which the fact has not ....

21 March 2022 • News, Insights

National Collective Labour Agreement for metalworkers – violation of the prior information obligation is anti-union conduct (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 21 March 2022 – Alberto De Luca, Stefania Raviele)

During proceedings for anti-union conduct under Art. 28, Law no. 300/1970 brought by the FIOM CGIL against the Italian branch of a multinational group as part of a collective dismissal procedure due to the cessation of production activities, the Court of Ancona, Employment Section, held that the employer, who omitted the consultation procedure under art. ....

4 March 2022 • News, Insights

“Italian Employment and Labour Law” (edited by De Luca & Partners and published by Wolters Kluwer)

Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by Wolters Kluwer, with the grant patronage of “The British Chamber of Commerce for Italy – BCCI”.  In Italy the labour and employment law environment has recently been ....

2 March 2022 • Insights

INPS: new instructions on the “Greenpass50+” service

With its message no. 721 of 14 February 2022, Inps has provided instructions and clarifications about the “Greenpass50+” service features to verify the possession and validity of the green certification of workers aged 50 years or older. Since last 15 February and until 15 June, the legislature has imposed compulsory vaccination for those aged 50 ....

2 March 2022 • Insights

Threat of dismissal constitutes extortion

With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force them to accept financial conditions that do not match the services they provide was extortion. Facts of the case Two employees brought an action against their employer, ....

2 March 2022 • Insights

Termination for managers sending angry emails to senior management is legitimate

With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company’s top management engaged in conduct likely to disrupt the relationship of trust that binds them to the employer,  even if it did not formally breach their work obligations. Facts of ....

2 March 2022 • Insights

Probation clause: referring to collective bargaining is not enough

With its ruling no. 1099 of 14 January 2022, the Court of Cassation stated that specifying duties covered by the probation clause may refer to the collective agreement declarations if the reference is specific enough. Facts of the case The Supreme Court’s ruling stems from a Court of Appeal of Trento ruling, which upheld a ....