DLP Insights

Comments and tools from De Luca & Partners’ experience

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 ....

Categories: Case Law

With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those underlying the collective dismissal previously initiated, is null and void because it involves fraudulent conduct. Facts of the case An employee who was dismissed for justified objective ....

Categories: Legislation

On 17 March, the Council of Ministers approved a new Decree Law on “Urgent measures to counter the spread of the COVID-19 epidemic, following the end of the state of emergency.” The Decree Law was published in the Official Gazette on 24 March (Decree Law no. 24/2022). The state of emergency ended on 31 March, ....