Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

With the recent ruling no. 11344 dated April 30, 2025, the Italian Supreme Court clarified that judicial proceedings initiated under the so-called “Fornero” procedure prior to February 28, 2023, continue to be governed—even in the appeal stages—by the provisions established by that procedure, notwithstanding its repeal under the so-called “Cartabia” reform.  The facts and the ....

Categories: Legislation

The Regional Administrative Court (i.e. “Tribunale Amministrativo Regionale,” or “TAR”) of Tuscany recently annulled the denial issued by the local labor inspectorate (i.e. “Ispettorato Territoriale del Lavoro” or “ITL”) concerning a company’s request to install additional surveillance cameras at the perimeter of its industrial site. The Court clarified that even outdoor areas where work activities ....

Categories: Legislation

With the recent ruling no. 9282 of April 8, 2025, the Italian Supreme Court ruled that the legislation on individual dismissals (Law 604/1966, amended in 2010) applies to probationary employees only when the employment becomes permanent or at least six months have passed since the start of the employment relationship. The case A company decided ....

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 ....

Categories: Legislation, Publications

The Supreme Court of Italy, in its ruling 31866/2024, clarified the limits of dismissal for just cause concerning conduct that occurs outside the workplace. The case The case concerns an employee, a bus driver, dismissed for just cause after being sentenced to two years and six months of imprisonment for charges including sexual assault, domestic ....

Categories: Legislation

On 16 September was published in the Official Gazette the Decree-Law no. 131/2024 (i.e. “Decreto Salva Infrazioni”) – in force since 17 September – which also intervened on the regulation of fixed-term contracts through which the European Union requested Italy to align Italian legislation with EU Directive 1999/70/EC on fixed-term work. The “Salva Infrazioni” decree ....

Categories: Legislation

By order no. 10734 of 22 April 2024, the Italian Court of Cassation ruled that, in the event of a failed conciliation attempt, as required under Article 7 of Italian Law no. 604/1966 in the case of dismissal for justified objective reasons of workers hired before March 2015, the employer is not required to send ....

Categories: Legislation

In its recent Order no. 6782 of 14 March 2024, the Italian Court of Cassation affirmed the following principle of law: “in the case of a permanent employment relationship, the employer’s waiver of the notice period, in the face of the worker’s resignation, does not give rise to the latter’s right to obtain compensation in ....