DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was ....

Categories: Case Law

The Court of Padua, under ruling no. 550 of July 16, 2019, addressed the issue of employment based on the concept of hetero-direction of work in the light of technological evolution, outlining the criteria for identifying the actual employer. Facts of the case The case in question originates from the appeal filed by four employees ....

Categories: Case Law

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date unlawful, even if said contract is withdrawn from its trade association (in this specific case, Confindustria). Facts of the case The District Court had partially reformed the ....

Categories: Legislation

On 7 October 2019, the European Council adopted the Directive on the “Protection of individuals who report breaches of EU law“ (known as whistleblowers), i.e. those within the territory of the European Union who report misconduct of which they have become aware in the workplace. Member States of the Union have two years from the ....

Categories: Case Law

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated 12 September 1983. It specifically stated that the justified ground for exempting an employee who is ill from the obligation to be available for a home check-up ....