Comments and tools from De Luca & Partners’ experience
Categories: Publications
By an order of 25 April 2022, the Court of Bologna held that the early termination by the employer, effective immediately, of the financial aspects of an enterprise bargaining agreement is anti-union behaviour. The contract in question was valid from 1 June 2019 to 31 March 2023 and was to be renewed year by year, ....
Categories: Publications
In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. According to the Supreme Court, the employer may use a detective agency if offences have been committed or there ....
Categories: Publications
In the Court’s interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid annual leave In its ruling no. 21781/2022, published last 8 July, the Court of Cassation, Labour Section, ruled (along with several other issues on public employment) on ....
Categories: Publications
The court may recognise different solutions for identical cases To exclude the proportionality of dismissal, it is not enough to argue that similar conduct committed by other employees has been sanctioned with conservative measures. The court may recognise different solutions for identical cases. This principle was upheld by the Court of Cassation in Order no. ....
Categories: Publications
Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 on transparent and predictable working conditions was published in the Official Gazette With the publication in the Official Gazette on 29 July 2022, the new provisions set out in Legislative Decree no. 104 of 27 June 2022, implementing EU Directive no. 2019/1152 ....
