DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

In circular no. 6/2022, the Ministry of Labour, provided some guidelines on the changes made by Decree Law. no.  4 of 27 January 2022 ( Decreto Sostegni ter [Support Decree ter]), to access wage subsidies for workers during the employment relationship. The Ministry clarified that companies applying for the redundancy fund for business termination who ....

Categories: Publications

In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....

Categories: Publications

In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....

Categories: Case Law

In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have been charged to allow them to exercise their defence rights. It does not contain evidence, especially when it comes to facts beyond the employer’s direct knowledge which ....

Categories: Case Law

With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship termination by waiving or settling. Facts of the case The facts of the case originate from the decision of the relevant local court, which was upheld on ....