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Insights, News

Deadline to apply for gender equality social security relief extended to 30 April

In its message no. 1269 of 3 April 2023, the INPS [Italy’s National Social Security Institute] extended the deadline for submitting the request for social security contribution exemption…

Insights, News

Collective dismissals: the conditions to limit them to certain corporate departments (Newsletter Norme & Tributi n. 168 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established…

Insights, News

Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 – Vittorio De Luca, Alessandra Zilla)

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination…

Insights, News

Dismissal of employees for poor performance. What is “poor performance”? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…

Insights, News

DID YOU KNOW THAT… the Italian Legislative Decree implementing the so-called Whistleblowing Directive results in new obligations for employers?

Italian Legislative Decree no. 24 of 10 March 2023 (the ‘Decree’), implementing Directive (EU) 2019/1937 and ‘on the protection of persons who report breaches of Union law and…

Insights, News

Italian CCNL (Contratto Collettivo Nazionale Lavoro – National collective bargaining agreement) Commerce: the rules relating to the protected period

In its recent judgment No 5288 of 20 February 2023, the Italian Court of Cassation ruled that, with reference to the national collective bargaining agreement for employees in…

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…

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