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.
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 ....
“The employer cannot access the employee’s or collaborator’s e-mail or use software to store a copy of the messages. Such processing of personal data not only constitutes a breach of the data protection laws but also amounts to an unlawful control activity over the employee”. This has been stated by the Italian Data Protection Authority, ....
In its decision no. 24595 of 13 September 2024, the Supreme Court ruled that the behaviour of a worker who comes to work with trade union flyers attached to his body is unlawful because it does not constitute a regular posting or proselytising activity. The case at issue The worker challenged in Court the conservative ....
In the absence of a provision on the minimum duration of the contractual probationary period, the employer is entitled to dismiss an executive for failing to pass the probationary period even after only a few weeks, despite the fact that the parties had agreed on a duration of six months. This principle was established by ....
Vittorio De Luca, interviewed by Giorgio Pogliotti from Il Sole 24 Ore, discussed the issue of dismissal in cases of inflated expense reimbursements. Special attention was given to the actions and processes companies should adopt in order to effectively sanction or dismiss employees who might take advantage of expense reimbursements to unjustly supplement their salaries ....
The Court of Cassation, in its order no. 18296 of 4 July 2024, ruled that an employee who adopts stubborn attitudes with respect to the company’s business irreparably damages the trust relationship with the employer and may therefore be subject to dismissal. The Case at issue The present case specifically involved an employee of an ....