Publications

The Court of Justice of the European Union looked at the delicate issue of using religious symbols in the workplace under a ruling published on 15 July 2021, in Joined Cases C-804/18 and C-341/19. According to the Court, the prohibition of wearing any visible form of expression of political, philosophical or religious beliefs in the ....

The Court of Cassation, in ruling no. 20560 published on 19 July 2021 confirmed the facts subject of a plea bargain in a criminal case must be established (with the effect of res judicata) to any pending civil proceedings concerning the same findings. The Supreme Court’s ruling stems from the lawful dismissal for misconduct by ....

In an internal letter of the director general sent by e-mail to the directors of the system’s local and sectoral associations, Confindustria expressed its favourable opinion on the Covid-19 green certificate (better known as green pass) to access workplaces. According to the position taken by Confindustria, the presentation of the green certificate should be part ....

Although the redundancy fund for the workforce (or a department) takes precedence over sick pay, the protected period continues to apply. This means that the dismissal of an employee who exceeded the protected period in such circumstances is legitimate. In a 17 July 2021 order, the Court of Foggia ruled on the validity of a ....

Also this year, De Luca & Partners participated in the drafting of the 8th edition of the Employment & Labour Law volume, which is part of the Global Legal Insights collection. The eighth edition of the Employment & Labour Law guide, updated to 2021 and extended to 17 countries around the world, was made available a ....

The principle Health and safety in the workplace – worker’s obligations – refusal to wear a mask – disciplinary relevance – legitimacy of suspension from work and remuneration “Due to the tragic situation which the country and the world experienced because of the Covid-19 epidemic, imposing mask wearing on workers by [the employer], stated in ....

The Court of Cassation has recently confirmed that the ‘abusive’ use of leave to care for disabled family members, as referred to in Article 33, par. 3 of Italian Law no. 104 of 1992, not only justifies dismissal, but can also be ascertained by private investigators. In this case, the employee had challenged his dismissal ....

With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling out that this amounts to mobbing if the transfer is not intended to persecute the employee, rather to restore serenity in the workplace. The ruling derives from ....