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.
In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have been charged to allow them to exercise their defence rights. It does not contain evidence, especially when it comes to facts beyond the employer’s direct knowledge which ....
With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship termination by waiving or settling. Facts of the case The facts of the case originate from the decision of the relevant local court, which was upheld on ....
With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those underlying the collective dismissal previously initiated, is null and void because it involves fraudulent conduct. Facts of the case An employee who was dismissed for justified objective ....
On 17 March, the Council of Ministers approved a new Decree Law on “Urgent measures to counter the spread of the COVID-19 epidemic, following the end of the state of emergency.” The Decree Law was published in the Official Gazette on 24 March (Decree Law no. 24/2022). The state of emergency ended on 31 March, ....
Until 30 April 2022, to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector (including employees over 50, without prejudice to the vaccination obligation and related sanctions) is required to possess and submit a Covid-19 green pass (recovery, vaccination or test to access workplaces). This provision applies to those who carry ....
Disciplinary dismissal and groundlessness of the contested fact considering case law following the amendment of Art. 18 of the Workers’ Statute by the “Fornero Law”, and the entry into force of the “Jobs Act.” According to the latest developments in case law, groundlessness of the contested fact includes cases in which the fact has not ....
During proceedings for anti-union conduct under Art. 28, Law no. 300/1970 brought by the FIOM CGIL against the Italian branch of a multinational group as part of a collective dismissal procedure due to the cessation of production activities, the Court of Ancona, Employment Section, held that the employer, who omitted the consultation procedure under art. ....
Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by Wolters Kluwer, with the grant patronage of “The British Chamber of Commerce for Italy – BCCI”. In Italy the labour and employment law environment has recently been ....