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13 February 2023 • News, Insights

Manager dismissal: justifiability and just cause compared (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 13 February 2023 – Vittorio De Luca, Alessandra Zilla)

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 ....

6 February 2023 • Insights, News

De Luca & Partners and HR Capital launch a new whistleblowing task force (Legalcommunity, 6 February 2023)

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 ....

1 February 2023 • News, Insights

Contribution and tax relief introduced by the budget law and extension of remote working for vulnerable persons

On 29 December 2022, Italian Law No 197/2022, entitled ‘State budget for the financial year 2023 and multi-year budget for the three-year period 2023-2025’ (‘Bilancio di previsione dello Stato per l’anno finanziario 2023 e bilancio pluriennale per il triennio 2023-2025’ – hereinafter ‘Budget Law’) was published in the Italian Official Gazette. The above-mentioned legislation, among ....

31 January 2023 • News, Insights

Only the employer is entitled to install audiovisual systems (Newsletter Norme & Tributi n. 165 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual systems that may enable remote control of the workers’ activity. The case originated from the request of a company providing transport services for others, which, according to ....

31 January 2023 • Insights, News

Employee biometric data: fingerprinting is unlawful in the absence of specific requirements

With a decision of 10 November 2022, the Italian Data Protection Authority (l’Autorità Garante per la protezione dei dati personali, the ‘Authority’) imposed a fine of EUR 20,000 on an Italian company for monitoring employee attendance by reading fingerprints. The Authority reiterated that ‘the processing of biometric data in the workplace is allowed only if ....

31 January 2023 • Insights, News

Working during sickness: when is dismissal lawful?

In its recent order of 16 December 2022, the Court of Foggia, as part of the first phase of the so-called Fornero Procedure, held that an employee who had worked for third parties during his sickness was lawfully dismissed for just cause. The facts of the case In the case dealt with by the order ....

30 January 2023 • Insights, News

Non-performance exception: when does the employee’s refusal to comply justify dismissal?

Non-performance exception: when does the employee’s refusal to comply justify dismissal? By order No 770, of 12 January 2023, the Italian Court of Cassation ruled on the lawfulness of dismissal for just cause of a worker who, as part of her work performance, had not complied with the performance procedures set out in a specific ....

30 January 2023 • News, Insights

Reclassification of the self-employment relationship even in the absence of direct evidence of employer direction

The Italian Court of Cassation, by order No 1095 of 16 January 2023, held that for the purpose of reclassifying a relationship of self-employment into a subordinate one, it is possible to use subsidiary evidence (such as the continuity of service, compliance with a predetermined schedule, the receipt of a fixed monthly fee, the absence ....

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