Insights

Comments and tools from De Luca & Partners’ experience

Categories: Press review | Tag: Dismissal, Court of Cassation, Licenziamento, Corte di Cassazione

With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment of the Italian legislation on the calculation of absences from work caused by disabling diseases in the protected period (periodo di comporto). The question posed to the European Court of Justice can be summarised as ....

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Categories: Press review | Tag: remote work, Dismissal

On 28 December 2023, Italy joined the European Framework Agreement called “Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border Telework”.   Article 1 of the Framework Agreement defines “cross-border telework” as an activity that a worker carries out remotely in one or more Member States ....

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Categories: Press review | Tag: GDPR

With Ruling dated 6 July 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that data processing carried out by a public utility service company (the “Company”) was unlawful. The DPA ruled that an employer has an obligation to allow a worker to access all his or her personal ....

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Categories: Press review | Tag: Dismissal, Licenziamento

One of the fundamental requirements in the context of disciplinary complaints is consistency between the charge alleged against a worker and the underlying sanction imposed. This principle is aimed at ensuring a fair and just procedure in the context of employment relationships, to prevent the employer from carrying out dismissals based on circumstances over and ....

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Categories: Press review | Tag: sicurezza sul lavoro, Security at work

In its recent Order No. 25603 of 1 September 2023 the Italian Court of Cassation established that a worker who has suffered an accident at work, which is the subject of a subsequent settlement with the employer, can always request compensation for damages which occurred subsequently and were not foreseeable at the time of the ....

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