Insights

Worker’s recidivism also taken into account for purposes of correct legal classification of conduct within context of just cause for dismissal. The Italian Court of Cassation, Employment Division, with judgment no. 15140 of 30 May 2023, returned to deal with the dismissal for just cause of a worker on a fixed-term contract for repeated negligence in ....

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2023 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

Dismissal for just cause of worker who gives personal badge to others to certify (false) attendance at the company is lawful. The Italian Court of Cassation, by order no. 10239 of 18 April 2023, confirmed the decision taken by the Court of Appeal of Lecce which had held a dismissal for just cause of a ....

Decree-Law 48 of 4 May 2023, so-called  “Decreto Lavoro“, which came into force on 5 May, lays down new measures to, inter alia, simplify the employment disclosure requirements to which companies are subject under the so-called “Decreto Trasparenza” (Legislative Decree 104/2022). Unlike in the past, some of the information that employers were bound to provide ....

In judgment of 26 April 2023 (case T-557/20), the Court of Justice of the European Union (‘CJEU’) ruled that pseudonymised data transmitted to a recipient who does not have the means to identify the data subject is not personal data. This means that such information does not fall within the scope of the legislation on ....

With order No 12244 of 9 May 2023, the Italian Supreme Court of Cassation confirmed that if an employee refuses to go from full-time to part-time, he/she may be lawfully dismissed if the dismissal is not based on the employee’s refusal but is because the employer is unable to use the employee’s full-time services. The ....

By order No 11136 of 27 April 2023, the Italian Court of Cassation ruled on the subject of dismissal for exceeding the job retention period. The Court held that absences due to injury caused to the employee by things in the employer’s custody must be included in the protected period, if the employer is able ....

By judgment No 12132 of 8 May 2023, the Italian Court of Cassation ruled on the subject of dismissal for justified objective reason. The Court specified that in the assessments of the possibility of relocating the employee before proceeding with the dismissal (so-called repêchage obligation), the employer is required to take into consideration not only ....