Publications

In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not a mere formal deviation from the procedural scheme of the regulation, but an actual nullity which always gives the employee the right to reinstatement. The case at ....

Compliance, Agency Contracts, and Privacy Management: A Growing Complexity The law firm De Luca & Partners and HR Capital have recently highlighted significant issues in strategic areas such as contract management, regulatory compliance, and data protection. These areas, critical for Italian companies, are confronted with evolving regulations that demand increasing attention to avoid economic and ....

The Italian employment sector, which has recently brought this issue back into focus in its discussions, might view this question as somewhat provocative. Under our legal system, remote working is defined as a mode of execution of the employment relationship, which is to be established through an agreement between the parties. This means that the ....

The Italian Court of Cassation, called upon to rule on the possibility of applying the joint and several liability provisions of Article 29 of Legislative Decree 276/2003 to service contracts other than those formally governed by Article 1655 of the Italian Civil Code (“contratti di appalto” in Italian parlance), with its recent judgment no. 26881 ....

The Supreme Court, by its decision no. 24473 of 12 October 2024, ruled that individual abstentions from work could not be qualified as a strike. The decision came after the rejection of the appeal filed by some employees against a disciplinary sanction imposed by a highway company following two days of unjustified absence. The Court ....

With Order No. 27610 of October 24, 2024, the Italian Supreme Court ruled that a dismissal for cause was lawful in the case of an employee accused of repeatedly abusing work breaks by spending excessive time at a bar with colleagues. The Case Overview The legal proceedings originated from the dismissal of an employee for ....

Con l’ordinanza n. 26634 del 14 ottobre 2024, la Corte di Cassazione, Sezione Lavoro, ha affermato che il licenziamento per superamento del periodo di comportonon rientra nella previsione di nullità stabilita dall’art. 46, D.L. n. 18/2020 (c.d. “blocco” dei licenziamenti per emergenza pandemica da Covid-19) e ha, al contempo, precisato il corretto criterio di computo delle giornate di malattia per i lavoratori che operano in ....

The revelations from the investigation conducted by the Milan Prosecutor’s Office and the investigative unit of the Carabinieri of Varese—exposing unlawful activities involving the acquisition of confidential, sensitive, and personal information—have dominated Italy’s political and public debate in recent hours. These developments call for serious reflection. The Italian Data Protection Authority (Garante per la protezione ....