Comments and tools from De Luca & Partners’ experience
Categories: Do you know that
With ruling no. 7615 of April 15, 2025, the Italian Supreme Court confirmed the legitimacy of the dismissal of an employee who had exceeded the maximum period of sick leave (i.e. “periodo di comporto” – the maximum duration of illness-related absence beyond which the employment relationship may be lawfully terminated), despite the employer’s earlier refusal ....
Categories: Publications
In recent years, terms such as smart working, agile working or workation have become firmly established in the working lexicon. These new ways of working bring with them opportunities and competitiveness, but also new responsibilities and risks, especially in terms of health and safety. The concept of a “workplace” is no longer only linked to ....
Categories: Publications
On 31 December 2024, the Correttivo Decree (Legislative Decree no. 209/2024) to the Code of Public Contracts referred to in Legislative Decree 36/2023 was published in the Official Gazette. This decree aims to rationalise and simplify the code discipline, improving its homogeneity, clarity and adequacy, in order to facilitate the relaunch of public investments also ....
Categories: Publications
Managing employee surveillance is a sensitive issue, especially with the rise of new technologies. Recent rulings from Italy’s Court of Cassation have clarified the legal boundaries surrounding this practice. The role of Investigative Agencies Employers may use private investigators to check potential employee misconduct, such as unapproved absences or misuse of leave. However, these investigations must ....
Categories: Publications
AI in companies entails risks related to data security and the protection of know-how. Organizations need appropriate policies to ensure ethical and compliant use. If an employee uses artificial intelligence systems – often generative – to carry out his or her work activities, he or she may, more or less consciously, share company know-how and ....
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During our last Team Meeting, among various topics, we presented a report on the latest EU Directive on gender pay equality. Italian Legislation on Pay Equality “Female workers have the same rights and, for equal work, the same pay as male workers.” Legislative Decree No. 198/2006 (as amended by Law No. 162/2021) – Equal Opportunities ....
Categories: Practice
On January 16, 2025, the Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) issued a decision, publicly disclosed through its institutional newsletter on March 21, 2025, imposing a fine of €50,000 on a transport company for unlawfully monitoring approximately 50 employees using a GPS system installed in company vehicles. The Authority ....
Categories: Legislation
In its ruling of March 3, 2025, the Court of Appeal of Naples stated that meal vouchers should not be included in the calculation of holiday pay, as they are not considered part of employee’s regular salary. The case Several employees brought a claim before the Court of Naples, requesting the judge to order the ....