News & Insights

Publications

Insights, News

Invalidity of the disciplinary dismissal ordered in violation of the procedures established by law (Newsletter Norme & Tributi n. 175 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

With judgment no. 2859 of 31 January 2024, the Italian Supreme Court dealt with the issue of disciplinary dismissal and its consequences in the event of a violation…

Insights, News

Environment and Human Rights: companies’ obligations under new EU due diligence requirement (Rinnovabili.it, 27 February 2024 – Stefania Raviele, Martina De Angeli)

The new European directive on corporate sustainability due diligence establishes an obligation for companies to mitigate their adverse impact on human rights and the environment through their activities,…

Insights, News

Unlawful dismissal for just cause (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 22 February 2024 – Enrico De Luca, Raffaele Di Vuolo)

Employment relationship - Dismissal for just cause - Unlawfulness - Existence The existence of wilful and negligent misconduct to the detriment of the employer company requires that the…

Insights, News

New due diligence tools for employers: Corporate sustainability due diligence directive (Norme e Tributi Plus Diritto — Il Sole 24 Ore, 14 February 2024 — Alberto De Luca, Chiara Carminati)

Provisional agreement on corporate sustainability due diligence directive: text still to be examined by the Legal Affairs Committee and approved by the European Parliament sitting as a whole…

Insights, News

Cross-border workers: new agreement between Italy and Switzerland on taxes and remote working effective from 1 January 2024 (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 14 February 2024 – Valentino Biasi, Andrea di Nino)

Historically, cross-border work between Italy and Switzerland has been regulated by the Agreement signed in Rome in 1974 (‘1974 Rome Agreement’)and, also, by the Convention against double taxation…

Insights, News

Critical moment for the Italian Court of Cassation Court case-law on contracting-out (Il Sole 24 Ore, 16 February 2024 — Vittorio De Luca)

In our legal system, the issue of contracting-out and agency work has always been the focus of attention by the legislator in the field of employment law. Not…

Insights, News

Application of the obligation to reinstate where justified objective reason for dismissal did not exist (Camera di Commercio di Spagna in Italia – Enrico De Luca, Luca Cairoli)

By order no. 87 of 3 January 2024, the Italian Court of Cassation ruled on the applicability of reinstatement where the fact underlying the dismissal ordered for justified…

Insights, News

Dismissal for justified objective reasons and repêchage (obligation to relocate): employer’s obligations (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 31 January 2024 – Vittorio De Luca, Alessandra Zilla)

In the case of dismissal for objective reasons, the repêchage obligation may be limited by the fact that the dismissed person does not have the professional skills to…

Insights, News

Dismissal of line manager who harasses female colleagues outside work (Norme & Tributi Plus Diritto – Il Sole 24 Ore – 30 January 2024- Enrico De Luca, Raffaele Di Vuolo)

In judgment no. 35066 of 14 December 2023, the employment division of the Italian Court of Cassation confirmed that an employee’s conduct outside work can irreparably damage the…

Insights, News

Lawfulness of dismissal based on need to cut costs (Newsletter Norme & Tributi n. 174 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled on a dismissal for a justified objective reason based on the need to cut…

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