Publications

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2023 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

As only geolocation data referring to kilometres travelled were considered, the interference in the applicant’s privacy was limited and proportional to the intended purpose. Dismissal by an employer based on the data from the geolocator of an employee’s company car is lawful and the collection and processing of the relevant data does not result in ....

The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding the protected period is confirmed, the special penalty regime under paragraph 7 of Art. 18 of the Workers’ Statute applies. This includes the reinstatement, regardless of the ....

Chapter III of Legislative Decree 104/2022, implementing the European Transparency Directive 2019/1152, published in the “Official Gazette” 176 of 29 July and in force since 13 August, identified the minimum working conditions requirements. The first provision related to the probationary period maximum duration (Article 7), emphasises certain case law existing principles. The probationary period may ....

More comprehensive information. Reference to collective agreements is insufficient The legislative decree implementing the European Transparency Directive (no. 2019/1152), which must be transposed by 1 August, guarantees workers detailed knowledge of the employment conditions and minimum guarantees of predictability in the conduct of the relationship. Referring to the sector’s collective agreement, which is the case ....

De Luca & Partners signed off on the Italian pages of the Employment & Labour Law guide, 2022 edition published by English publisher Global Legal Insights. The volume gathers information and analysis on employment trends, changes in the legislative framework, relevant rulings, and reforms in progress and under discussion in 18 countries. Aimed at General ....

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 ....

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due to their job, they are not able to take a break. This principle expressed by the Court of Cassation, which, with ruling no. 5547 of 1 March ....

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 2020 and extended to 28 countries around the world, was made available ....

The sixth edition of the Employment & Labour Law guide, updated to 2018 and extended to 29 countries around the world, was made available a few days ago. The book, published in English by Global Legal Group publisher, is a summary of the trends in the labour market, legislative changes, recent court judgments, employers’ decisions ....

Il Tribunale di Milano, con ordinanza del 13 giugno 2017, ha statuito che non legittima il licenziamento la condotta...

Also this year, De Luca & Partners participated in the drafting of the 5th edition of the Employment & Labour Law volume, which is part of the Global Legal Insights collection. Click here to read the detailed article.  

Sometimes Italy is connoted by a low level of transparency, which indicates a high level of corruption; on a scale of...