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Dismissal for poor performance is unlawful if based on conduct previously raised against the worker

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the…

Insights, News

Court of Cassation: in collective dismissal the size requirement concerns the whole company

Con l’ordinanza n. 1965 del 23 gennaio 2023, la Cassazione afferma che, ai fini dell'applicazione della procedura di licenziamento collettivo di cui alla L. 223/1991, il requisito dimensionale…

Insights, News

Transparency Decree: the first indications of the Personal Data Protection Authority (Newsletter Norme & Tributi no. 166 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

On 24 January 2023, the Personal Data Protection Authority (the "Authority") gave the first interpretative and operative indications on the processing by employers of employees’ personal data using…

News, Insights

Vittorio De Luca live at Welfare HR Summit 2023 of the Il Sole 24 Ore

On 23 February 2023 Vittorio De Luca took part in the third edition of the Welfare & HR Summit of Il Sole 24 Ore for an in-depth discussion…

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Contractual joint and several liability: contribution recovery is not subject to the two-year limitation period (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 22 February 2023 – Vittorio De Luca, Stefania Raviele)

The order under comment confirms the Supreme Court case law which differentiates the deadlinesapplicable to the actions carried out by employees under procurement contract and those governingcontribution recovery…

Insights, News

Disciplinary power: employer’s discretion and dismissal lawfulness (Spanish Chamber of Commerce in Italy news, 14 February 2023 – Enrico De Luca, Luca Cairoli)

To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed…

Insights, News

Manager dismissal: justifiability and just cause compared (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 13 February 2023 – Vittorio De Luca, Alessandra Zilla)

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held…

Insights, News

De Luca & Partners and HR Capital launch a new whistleblowing task force (Legalcommunity, 6 February 2023)

De Luca & Partners launches a new task force supporting companies grappling with the Whistleblowing legislative decree, which requires employers to implement a system of protection and safeguards…

Insights, News

Contribution and tax relief introduced by the budget law and extension of remote working for vulnerable persons

On 29 December 2022, Italian Law No 197/2022, entitled ‘State budget for the financial year 2023 and multi-year budget for the three-year period 2023-2025’ (‘Bilancio di previsione dello…

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Only the employer is entitled to install audiovisual systems (Newsletter Norme & Tributi n. 165 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By judgement no. 15644 of 23 November 2022, the Administrative Court of Lazio clarified, among other things, that the employer is the only person entitled to install audiovisual…

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