Insights

Comments and tools from De Luca & Partners’ experience

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With order no. 11765 of May 5, 2025, the Italian Supreme Court ruled that a non-compete agreement is null and void when it imposes excessively broad territorial restrictions and offers only minimal compensation—resulting in an unjustified and disproportionate limitation on the employee’s right to work and earn a living.  In the case at hand, a ....

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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 ....

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EU Directive 970/2023 requires companies to adopt concrete measures to guarantee equal pay between men and women, setting strict requirements for pay transparency and protection against salary discrimination. But what does this mean for companies and workers in practice? One of the key novelties concerns the obligation for candidates to receive, before being hired, clear ....

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With ruling no. 2618 of February 4, 2025, the Italian Supreme Court upheld the legitimacy of the dismissal for just cause of an employee who, while on parental leave, engaged in parallel employment, thus abusing this right. In the case in exam, during his parental leave, the employee had started a car-buying and selling businesswithout ....

The Italian Supreme Court, with decision no. 170 dated January 7, 2025, was called to rule on the legitimacy of the dismissal of a disabled employee for exceeding the protected period.  Specifically, a disabled employee challenged the ruling of the Court of Appeal, which had determined that applying the same protected period for both non-disabled ....

Published in the Italian Official Gazette on December 28, 2024, the so-called “Collegato Lavoro” – which contains provisions on labor matters introduced by the Italian Government and connected to the Budget Law – will officially come into force on January 12, 2025. Among the main changes introduced: 

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According to Article 29, paragraph 2, of Legislative Decree 276/2003 (known as the “Legge Biagi”), in the context of service contracts (“contratti di appalto” in Italian parlance), the principal company or employer is jointly and severally liable with the contractor, as well as with any subcontractors, within two years after the termination of the contract, ....

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In the absence of a provision on the minimum duration of the contractual probationary period, the employer is entitled to dismiss an executive for failing to pass the probationary period even after only a few weeks, despite the fact that the parties had agreed on a duration of six months. This principle was established by ....