News & Insights

Publications

Insights, News

Dismissal for exceeding the protected period declared null and void: reinstatement for companies under 15 employees (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 7 October 2022 – Alberto De Luca, Claudia Cerbone)

The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding…

Insights, News

Personnel report by 14 October (Il Quotidiano del Lavoro of Il Sole 24 Ore, 6 October 2022 – Vittorio De Luca, Stefania Raviele)

The 14 October deadline requires companies with more than 50 employees to submit the two-year personnel report for 2020-2021, governed by Article 46 of Legislative Decree 198/2006. This…

Insights, News

The legitimacy of checks by the employer through a detective agency (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 20 September 2022, Vittorio De Luca, Marco Giangrande)

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within…

Insights, News

Untaken leave is lost if the worker does not comply with the employer’s invitation to take it (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 7 September 2022 – Alberto De Luca, Luca Cairoli)

In the Court's interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid…

Insights, News

A dismissal is legitimate even if it does not punish similar conduct committed by colleagues (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 29 August 2022 – Enrico De Luca, Raffaele Di Vuolo)

The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees…

Insights, News

Transparency Decree, new employer obligations (Modulo24 Contenzioso del Lavoro – Form24 Labour Litigation – Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication…

Insights, News

Legitimacy of dismissal and burden of proof on the employee, if a colleague was not dismissed for the same conduct (Modulo24 Contenzioso del Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 4 August 2022, Vittorio De Luca, Marco Giangrande)

The Court of Cassation ruled on an employee’s appeal challenging his disciplinary dismissal for a traffic accident while driving a company vehicle, claiming unequal treatment with colleagues who…

Insights, News

Transparency Decree changes “exclusivity clause” (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 1 August 2022 – Vittorio De Luca, Claudia Cerbone)

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified…

Insights, News

Transparency and contracts, rules to avoid litigation (Il Sole 24 Ore and Il Quotidiano del Lavoro of Il Sole 24 Ore, 25 July 2022 – Vittorio De Luca, Claudia Cerbone)

More comprehensive information. Reference to collective agreements is insufficient The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers…

Insights, News

CJEU ruled on the social security legislation applicable to airline staff (Norme e Tributi Plus Diritto of Il Sole 24 Ore, 15 July 2022 – Vittorio De Luca, Marco Giangrande)

The Court of Justice of the European Union (hereafter: "Court of Justice"), in its 19 May 2022 ruling Case C-33/21, stated that personnel of an airline company established…

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