News & Insights

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Insights, News

Accidents at work resolved through settlement: future damages remain compensable if unforeseeable nature of health deterioration is proven

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…

Insights, News

Italian Court of Cassation: if there is no employer liability, absences due to accidents are counted in the protected period (periodo di comporto)

By order No 11136 of 27 April 2023, the Italian Court of Cassation ruled on the subject of dismissal for exceeding the job retention period. The Court held…

Insights, News

Valentino Biasi new Salary Partner at De Luca & Partners

De Luca & Partners continue to reinforce the Firm’s governance Milan, 15 May 2023 – De Luca & Partners – employment law firm announces the appointment of Valentino…

Insights, News

Violation of the Transparency Decree on the matter of automated tools entails anti-union conduct also if it concerns riders (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 5 May 2023 – Alberto De Luca, Luigi Picciarelli)

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information…

Insights, News

Italian Court of Cassation: Dismissal for poor performance, proof of significant breach of duty required

By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type…

Insights, News

Damages for demotion taxed if the nature of the compensation is not specified (Norme & Tributi Plus Diritto De Il Sole 24 Ore, 13 April 2023 – Alberto De Luca, Claudia Cerbone)

The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation,…

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Company email: the employer’s right of defence in court cannot limit the worker’s right to the protection of personal data

With an Order dated 11 January 2023, the Italian Data Protection Authority (Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed on a company the payment…

Insights, News

Italian Court of Cassation: when can an abuse of leaves under Italian Law 104/92 be recognized?

With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave…

Insights, News

Italian Court of Cassation: transfer of an illegitimate business branch, previous damages only with formal notice

With judgment No 6902 of 8 March 2023 (which follows two further similar rulings: judgments No 5788 and No 5796, both dated 24 February 2023, of the Italian…

Insights, News

De Luca & Partners and HR Capital launch a new whistleblowing task force (Legalcommunity, 6 February 2023)

De Luca & Partners launches a new task force supporting companies grappling with the Whistleblowing legislative decree, which requires employers to implement a system of protection and safeguards…

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