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On 4 May 2023, Italian Decree Law No 48/2023 (the ‘Employment Decree’ (‘Decreto Lavoro’)) containing ‘Urgent measures for social inclusion and access to the workplace’ was published in the Italian Official Gazette. The Decree introduced important initiatives on employment law, social security and social assistance, with effect from 5 May 2023. One of the main ....

Categories: Publications

The comparison between redundant employees can be limited only to employees of a unit or sector, subject to their ability, due to previous employment in other company departments, to perform the jobs of other colleagues – Employees bear the burden proof of showing that the various duties are interchangeable. The Italian Court of Cassation, in ....

Categories: Publications

Whistleblowers liable for similar actions The legislation that protects an employee who reports unlawful conduct which he/she has become aware of due to his/her duties is ‘aimed at preventing unfavourable consequences for the fact in itself of having reported unlawful conduct, but certainly does not create exemptions with respect to the offences that that person ....

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De Luca & Partners continue to reinforce the Firm’s governance Milan, 15 May 2023 – De Luca & Partners – employment law firm announces the appointment of Valentino Biasi as a Salary Partner of the Firm. The appointment is part of the reinforcement of the Firm’s governance process that De Luca & Partners has been ....

Categories: Publications

As is well known, on 23 February 2023 the European Commission requested its employees and collaborators to uninstall the TikTok social network application from their business and personal electronic devices. This request was accompanied by the notice that, for those who had not uninstalled the social network by 15 March, it would no longer be ....

Categories: Legislation

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the caseThe case arose from a disciplinary sanction of suspension from duty and pay for ten days imposed on ....

Categories: Publications

By Order No 8375 of 23 March 2023, the Italian Court of Cassation confirmed that footage from video surveillance systems installed for security purposes may be used to prove an employee’s disciplinary breach. The facts of the case and the first and second instance proceedings The case arose from a disciplinary sanction of suspension from ....

Categories: Case Law, Publications

The Court was called upon to rule on several issues, including the refusal by a well-known food delivery company to communicate to the plaintiff trade unions the information required by Art. 1-bis of Legislative Decree of 26 May 1997 introduced by the Transparency Decree and requested by specific communication, dated 22 December 2022 It is ....