Insights

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the subject of separate disciplinary proceedings cannot be used as a basis for dismissal on the grounds of poor performance. Poor performance consists in a breach by the ....

With Order of 23 January 2023, No 1965, the Italian Court of Cassation stated that, for the purposes of applying the collective dismissal procedure referred to in Italian Law 223/1991, the size requirement of at least 15 employees must refer to the company as a whole and not to the single production unit. The facts ....

On 24 January 2023, the Personal Data Protection Authority (the “Authority”) gave the first interpretative and operative indications on the processing by employers of employees’ personal data using automated decision-making or monitoring systems aimed at providing information (i) that is relevant for the recruitment or appointment; for the management or termination of the employment; for ....

All labor cases in Italy are under the jurisdiction of a dedicated specialized labor court. This court is characterized by high outstanding celerity (speed and effectiveness). The celerity of the labor trial is ensured by: a special judicial procedure dedicated to disputes concerning labor relations (including dismissals), anti-union conduct, and social security; orality of the procedure; broad ....

The order under comment confirms the Supreme Court case law which differentiates the deadlinesapplicable to the actions carried out by employees under procurement contract and those governingcontribution recovery by INPS. In its order no.  38151 of 30 December 2022 the Court of Cassation, ruled on procurement contract joint and several liability, confirming its policy according ....

To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed by another employee, and assessed differently by the employer is irrelevant. This was the Court of Cassation’s opinion, labour section, order no. 88 of 3 January 2023. ....

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held that for the justifiability of the manager’s dismissal to exist, it is sufficient to prove two of the six disciplinary charges originally contested against the manager. The ....

De Luca & Partners launches a new task force supporting companies grappling with the Whistleblowing legislative decree, which requires employers to implement a system of protection and safeguards for those who report crimes and irregularities within a public or private professional relationship. The soon-to-be-adopted decree implementing the EU Directive 2019/1937 protecting those who report regulatory ....