News & Insights

Publications

Insights, News

Transparency Decree: the first indications of the Personal Data Protection Authority (Newsletter Norme & Tributi no. 166 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

On 24 January 2023, the Personal Data Protection Authority (the "Authority") gave the first interpretative and operative indications on the processing by employers of employees’ personal data using…

Insights, News

Contractual joint and several liability: contribution recovery is not subject to the two-year limitation period (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 22 February 2023 – Vittorio De Luca, Stefania Raviele)

The order under comment confirms the Supreme Court case law which differentiates the deadlinesapplicable to the actions carried out by employees under procurement contract and those governingcontribution recovery…

Insights, News

Disciplinary power: employer’s discretion and dismissal lawfulness (Spanish Chamber of Commerce in Italy news, 14 February 2023 – Enrico De Luca, Luca Cairoli)

To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed…

Insights, News

Manager dismissal: justifiability and just cause compared (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 13 February 2023 – Vittorio De Luca, Alessandra Zilla)

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held…

Insights, News

Contribution and tax relief introduced by the budget law and extension of remote working for vulnerable persons

On 29 December 2022, Italian Law No 197/2022, entitled ‘State budget for the financial year 2023 and multi-year budget for the three-year period 2023-2025’ (‘Bilancio di previsione dello…

Insights, News

Only the employer is entitled to install audiovisual systems (Newsletter Norme & Tributi n. 165 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual…

Insights, News

Reclassification of the self-employment relationship even in the absence of direct evidence of employer direction

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one,…

Insights, News

European Court rules that employee tracking through company car geolocator is lawful (Norme e Tributi Plus Diritto, 23 January 2023 – Alberto De Luca, Claudia Cerbone)

As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer…

Insights, News

Carrying out unauthorised personal activities during working hours justifies dismissal even if the disciplinary code has not been displayed (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 10 January 2023 – Vittorio De Luca, Alessandra Zilla)

The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code…

Insights, News

Excessive morbidity, discriminatory and retaliatory dismissal where the protected period has not been exceeded (Norme e Tributi Plus Lavoro, 23 December 2022 – Enrico De Luca, Raffaele Di Vuolo)

In the event of repeated absences – which have not exceeded the limit of the protected period – the onus is on the employer to prove the additional…

Subscribe to our newsletter

Resta in contatto con De Luca & Partners

Iscriviti per conoscere le ultime novità e avere un accesso privilegiato alle risorse del nostro studio.