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Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

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ALL NEWS AND INSIGHTS

8 February 2024 • News, Insights

Application of the obligation to reinstate where justified objective reason for dismissal did not exist (Camera di Commercio di Spagna in Italia – Enrico De Luca, Luca Cairoli)

By order no. 87 of 3 January 2024, the Italian Court of Cassation ruled on the applicability of reinstatement where the fact underlying the dismissal ordered for justified objective reasons did not exist. At the end of the three instances of proceedings, the Italian Court of Cassation upheld the appeal brought by the dismissed employee, ....

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1 February 2024 • News, Insights

Dismissal for justified objective reasons and repêchage (obligation to relocate): employer’s obligations (Modulo 24 Contenzioso Lavoro – Il Sole 24 Ore, 31 January 2024 – Vittorio De Luca, Alessandra Zilla)

In the case of dismissal for objective reasons, the repêchage obligation may be limited by the fact that the dismissed person does not have the professional skills to perform the other job, even if it is of a lower level. However, this must be demonstrated by facts that are objectively established and proven by the ....

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31 January 2024 • News, Insights

Dismissal of line manager who harasses female colleagues outside work (Norme & Tributi Plus Diritto – Il Sole 24 Ore – 30 January 2024- Enrico De Luca, Raffaele Di Vuolo)

In judgment no. 35066 of 14 December 2023, the employment division of the Italian Court of Cassation confirmed that an employee’s conduct outside work can irreparably damage the duty of mutual trust between the parties if it has only the potential objective capacity to impact the relationship and undermines the expectations of the future proper ....

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31 January 2024 • News, Insights

Lawfulness of dismissal based on need to cut costs (Newsletter Norme & Tributi n. 174 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled on a dismissal for a justified objective reason based on the need to cut costs. In this case, the employer had not demonstrated that the costs savings should be those specifically relating to the dismissed worker’s position rather than other positions ....

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30 January 2024 • News, Insights

Remote working and vulnerable workers: remote work must be compatible with company’s organisational and production needs

The Court of Trieste, Employment Section, with order of 21 December 2023, no. 525/2023 has held that so-called “vulnerable” workers’ rights to work remotely cannot be “absolute” but must be balanced with the company’s organisational and production needs as envisaged by the employer. In the present case, a “vulnerable” employee worked remotely five days a ....

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30 January 2024 • News, Insights

Italian Court of Cassation: second dismissal lawful pending judgment on the first

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....

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30 January 2024 • Insights

DID YOU KNOW THAT… the new Budget Law come into force on 1 January 2024?

Italian Law of 30 December 2023, no. 213, containing the “State budget for the financial year 2024 and multi-year budget for the three-year period 2024-2026”, which came into force on 1 January 2024, introduced some new initiatives aimed at workers and businesses. We summarise below some of the most significant provisions relating to employment and social security: ....

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30 January 2024 • News

De Luca & Partners obtains Great Place to Work® certification

Since its foundation, De Luca & Partners has set itself the goal of being an excellent workplace, placing commitment to people at the heart of its values and offering rewarding professional opportunities in an environment characterised by strong relationships of trust. For this reason, we decided to participate in the 2023 survey by Great Place ....

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