DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Press review | Tag: Dismissal, Court of Cassation, Licenziamento, Corte di Cassazione

An employee dismissed for drug trafficking has been reinstated and compensated. The drug related conviction occurred in the past and pre-dated the employment, when the company took over the staff from the outgoing company after taking over a contract held under a public administration tender. The Italian Court of Cassation, employment division, by order no. ....

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Categories: Press review | Tag: Court of Cassation, Corte di Cassazione, part-time

The quantity of work is not synonymous with the quality of the work. Therefore, if it is a question of comparing a part-time worker with a full-time worker in relation to the amount of work performed (quantity), it is appropriate to apportion the salary based on the hours worked (so that the part-time worker receives, ....

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Categories: Press review | Tag: Data Protection Authority, GDPR, Privacy

With order no. 642 of 21 December 2023 entitled “Computer programs and services for the management of e-mail in the workplace and metadata processing”, the Italian Data Protection Authority (‘DPA’) has provided guidelines for public and private employers on the use of computer programs and services for corporate e-mail management. The document was issued following ....

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Categories: Press review | Tag: Court of Cassation, Licenziamento, Corte di Cassazione, Dismissal

With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment of the Italian legislation on the calculation of absences from work caused by disabling diseases in the protected period (periodo di comporto). The question posed to the European Court of Justice can be summarised as ....

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Categories: Press review | Tag: Dismissal, remote work

On 28 December 2023, Italy joined the European Framework Agreement called “Framework Agreement on the application of Article 16 (1) of Regulation (EC) No. 883/2004 in cases of habitual cross-border Telework”.   Article 1 of the Framework Agreement defines “cross-border telework” as an activity that a worker carries out remotely in one or more Member States ....

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