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

30 October 2024 • News, Insights

Il licenziamento per superamento del periodo di comporto sfugge al “blocco” dei licenziamenti per l’emergenza Covid (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 30 ottobre 2024 – Vittorio De Luca, Elena Guerrera)

Con l’ordinanza n. 26634 del 14 ottobre 2024, la Corte di Cassazione, Sezione Lavoro, ha affermato che il licenziamento per superamento del periodo di comportonon rientra nella previsione di nullità stabilita dall’art. 46, D.L. n. 18/2020 (c.d. “blocco” dei licenziamenti per emergenza pandemica da Covid-19) e ha, al contempo, precisato il corretto criterio di computo delle giornate di malattia per i lavoratori che operano in ....

29 October 2024 • News, Insights

Data Breach: Lessons for Companies from Recent Investigations (Il Sole 24 Ore Radiocor – Vittorio De Luca, Martina De Angeli)

The revelations from the investigation conducted by the Milan Prosecutor’s Office and the investigative unit of the Carabinieri of Varese—exposing unlawful activities involving the acquisition of confidential, sensitive, and personal information—have dominated Italy’s political and public debate in recent hours. These developments call for serious reflection. The Italian Data Protection Authority (Garante per la protezione ....

29 October 2024 • News, Insights

Company e-mail and termination of employment: the latest clarifications (and the latest penalties) from the Italian Data Protection Authority. 

“The employer cannot access the employee’s or collaborator’s e-mail or use software to store a copy of the messages. Such processing of personal data not only constitutes a breach of the data protection laws but also amounts to an unlawful control activity over the employee”. This has been stated by the Italian Data Protection Authority, ....

29 October 2024 • News, Insights

Trade union flyers attached to the body: lawful disciplinary sanction 

In its decision no. 24595 of 13 September 2024, the Supreme Court ruled that the behaviour of a worker who comes to work with trade union flyers attached to his body is unlawful because it does not constitute a regular posting or proselytising activity.  The case at issue  The worker challenged in Court the conservative ....

29 October 2024 • Insights, News

DID YOU KNOW THAT…The dismissal of an executive after a probationary period of a few weeks has been declared lawful? 

In the absence of a provision on the minimum duration of the contractual probationary period, the employer is entitled to dismiss an executive for failing to pass the probationary period even after only a few weeks, despite the fact that the parties had agreed on a duration of six months. This principle was established by ....

28 October 2024 • Insights, News

Vittorio De Luca interviewed by Il Sole 24 Ore on the subject of dismissal in the event of inflated expense reimbursement

Vittorio De Luca, interviewed by Giorgio Pogliotti from Il Sole 24 Ore, discussed the issue of dismissal in cases of inflated expense reimbursements. Special attention was given to the actions and processes companies should adopt in order to effectively sanction or dismiss employees who might take advantage of expense reimbursements to unjustly supplement their salaries ....

17 October 2024 • News, Insights

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 damages the trust relationship with the employer and may therefore be subject to dismissal. The Case at issue The present case specifically involved an employee of an ....

17 October 2024 • News, Insights

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 a client in a rude and vulgar manner, once again underscoring the boundaries of judicial review in determining “just cause” for termination. The judicial proceedings originated from ....