News & Insights

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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…

Insights, News

Remote working and vulnerable workers: remote work must be compatible with company’s organisational and production needs

The Court of Trieste, Employment Section, with order of 21 December 2023, no. 525/2023 has held that so-called “vulnerable” workers’ rights to work remotely cannot be “absolute” but…

Insights, News

Italian Court of Cassation: second dismissal lawful pending judgment on the first

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of…

Insights, News

Dismissal of working mother on cessation of business activity (Chamber of Commerce of Spain in Italy – Enrico De Luca, Luca Cairoli)

By Order no. 35527 of 19 December 2023, the Italian Court of Cassation ruled on the dismissal of a working mother ordered as a result of the cessation…

Insights, News

Whistleblowing: companies’ obligations  

Italian Legislative Decree no. 24/2023, which implements Directive (EU) 1937/2019 and introduces the new legal framework on whistleblowing has come into effect. Laws on whistleblowing have already been…

Insights, News

Gender pay gap: EU directive gives rise to new employer obligations (Norme & Tributi Plus Lavoro – Il Sole 24 Ore – 18 December 2023 – Enrico De Luca, Stefania Raviele)

In both the public and private sectors, all workers should have access to information on individual wage levels and average wage levels broken down by gender. By 7…

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