Publications

Categories: Publications | Tag: Dismissal, Social Network

In its ruling no. 2058 of January 29, 2025, the Italian Supreme Court confirmed the legitimacy of a just cause dismissal for an employee who had publicly defamed her superiors via social media. The case and the first-instance decision This case concerns an employee who was dismissed for just cause after posting defamatory statements on ....

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Categories: Publications | Tag: Dismissal, Court of Cassation

With ruling no. 2618 of February 4, 2025, the Italian Supreme Court upheld the legitimacy of the dismissal for just cause of an employee who, while on parental leave, engaged in parallel employment, thus abusing this right. In the case in exam, during his parental leave, the employee had started a car-buying and selling businesswithout ....

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Categories: Publications | Tag: Corte di Cassazione, Milleproroghe

On 20 February 2025, Decree-Law No. 6/2025, known as the ‘Decreto Milleproroghe’, was definitively approved by the Chamber of Deputies, which once again intervenes on fixed-term contracts, in particular on the reasons justifying such temporary employment relationships. The Decree extends until 31 December 2025 the possibility for private employers to enter into fixed-term contracts exceeding ....

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Categories: Publications, Events, Interviews | Tag: Dismissal, Contracting

On 20 February 2025 Vittorio De Luca took part in the fifth edition of the Welfare & HR Summit of Il Sole 24 Ore, analysing the main labour law aspects related to the discipline of contracting and the novelties introduced, most recently, by the ‘Corrective Decree’. Here is the link to see an extract of ....

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Categories: Publications | Tag: Dismissal, Court of Cassation, Corte di Cassazione, Legge 104

Italian Law 104/1992 grants employees paid leave to assist family members with disabilities, with the cost covered by INPS (the National Institute for Social Security). However, misuse of this benefit has led to judicial investigations to identify potential violations of the law. Case law has helped clarify what constitutes abuse.  The law grants leave for ....

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Categories: Publications | Tag: Disable, Dismissal, Court of Cassation

Article 33 of Law 104/1992 regulates paid leave ‘for the assistance, social integration and rights of disabled persons’. These permits consist in the possibility for public or private, full-time or part-time employees to be absent from work, while retaining the right to remuneration and figurative contribution coverage for pension purposes, in order to assist a ....

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Categories: Publications | Tag: Dismissal, repêchage

The Court of Cassation, with Order No. 1364 of 20 January 2025, clarified important aspects relating to the obligation of repêchage in the event of dismissal for justified objective reasons. In particular, the Court of Cassation – excluding the reinstatement of the employee – ruled that the obligation of repêchage does not require the employer ....

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Categories: Publications | Tag: GDPR, Privacy

In its judgment of December 19, 2024,  case C-65/23, the Court of Justice of the European Union ruled that (i) the provisions of national collective labor agreements must comply with data protection regulations and that:(ii) ”Should the national court seized of the matter conclude, following its review, that certain provisions of the collective agreement […] ....

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