Publications

Categories: Publications | Tag: Court of Cassation

The Reform of the Civil Proceedings, (Italian Legislative Decree No 149 of 10 October 2022) will extend, with effect from 30 June 2023, the ‘assisted negotiation’ procedure to employment disputes. From that date the employer and employee, if assisted by lawyers or employment consultants, will be able to sign final and non-appealable conciliation minutes (in ....

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Categories: Publications, Interviews | Tag: Parità di genere, Gender equality

In Italy the Golfo-Mosca law requires that 40% of the boards of listed companies are made up of the underrepresented sex. But that’s not all. Here’s everything a company needs to know to comply with gender equality laws Raviele: “In Italy, as in Europe, the principle of gender equality has historic origins. The first source ....

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Categories: Publications, Interviews

We Wealth with the support of Chiara Torino (partner of Toffoletto De Luca Tamajo) and Stefania Raviele (salary partner of De Luca & Partners) has developed the European map of gender equality regulations. Here are the new rules for listed and unlisted companies, from women at the top to the gender pay gap. The European ....

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Categories: Publications | Tag: Directive, Whistleblowing

The Italian Government has a new deadline to adopt the necessary legislation to implement Directive (UE) no. 2019/1937 concerning “the protection of persons who report Union law violations” (the “Directive”), since the December 17, 2021, deadline has been missed.   In particular, according to the Law no. 127/2022 entered into force on September 10, 2022, the ....

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Categories: Publications | Tag: Company Transfer

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business – or parts thereof – concerning companies that are in a crisis, or which have been subjected to special administration, when the activity continues or, however, is not terminated, an agreement reached ....

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Licenziamento per giustificato motivo oggettivo

Categories: Publications | Tag: Dismissal, Licenziamento, Covid-19

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat Covid 19 – Decree Law no. 18/2020 and Decree Law no. 104/2020 – Dismissal prohibition for objective justified reason – Manager – Dismissal for position redundancy – ....

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Categories: Publications | Tag: conciliazione vita-lavoro

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected procedure”, under Art. 2113, fourth paragraph of the Italian Civil Code. The Reform of the Civil Process, (Legislative Decree 10 October 2022, no. 149 of 10 October ....

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Categories: Publications | Tag: RSU

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....

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