News

All the latest news on events, interviews and press reviews dedicated to labour law

Categories: Publications | Tag: Repêchage obligation, Contenzioso del lavoro, Obbligo di repêchage, Court of Cassation

By judgment No 12132 of 8 May 2023, the Italian Court of Cassation ruled on the subject of dismissal for justified objective reason. The Court specified that in the assessments of the possibility of relocating the employee before proceeding with the dismissal (so-called repêchage obligation), the employer is required to take into consideration not only ....

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Categories: Publications | Tag: Datore di lavoro, Employment & Labour Law, Decreto trasparenza, Transparency decree

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 ....

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Categories: Publications | Tag: Court of Cassation, Collective dismissals

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 ....

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Categories: Publications | Tag: Court of Cassation, whistleblower, Corte di Cassazione

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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Categories: Press review

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 ....

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Categories: Publications | Tag: employer, Remote monitoring, Datore di lavoro, Strumenti di controllo

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 ....

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Categories: Publications | Tag: Corte di Cassazione, Court of Cassation, Impianti di videosorveglianza, Video surveillance systems

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 ....

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Categories: Publications | Tag: Court of Cassation, video surveillance, Impianti di videosorveglianza, Corte di Cassazione

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 ....

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