Categories: News

22 Nov 2012

Court of Cassation: the refusal to work when missing the health protection is lawful (Il Sole 24 Ore, November 19, 2012, page 45)

The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee. Therefore, based on art. 1460 of Italian Civil Code, this behavior justifies the refusal to work in places which are not safe, being understood that the employer keep the obligation to remunerate the employee who refrained from working due to the mentioned unfulfilling.
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12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 7985 of 31 March 2026, the Italian Supreme Court – Labour Section – confirmed the lawfulness of a dismissal for just cause imposed on an…

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30 Apr 2026

Webinar “Bonuses: What Do You Need to Know About Objectives?” – HR Coffee with De Luca & Partners

Yesterday, during our first webinar “HR Coffee with De Luca & Partners", the speakers Vittorio De Luca, Managing Partner, and Alessandra Zilla, Managing Associate at De Luca &…

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27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

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27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

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27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…

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17 Apr 2026

Criminal penalties are being introduced for those who fail to protect remote workers (The Platform, 17 April 2026 – Vittorio De Luca e Martina De Angeli)

The provision amends Legislative Decree 81/2008 by introducing a new Article 3, paragraph 7-bis, which makes compliance with safety obligations conditional upon the delivery—at least annually—of a written…

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