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  • Article

    Compensatory Damages In Case Of Limitation Of The Workers Freedom Of Association (Newsletter Norme & Tributi N. 153 Camera Di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

    In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew...
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Lawful Dismissal For Abuse Of Leave Under Italian Law 104 Verified By A Private Investigator (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 30 Juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

    The Court of Cassation has recently confirmed that the ‘abusive' use of leave to care for disabled family members, as referred to in Article 33, par. 3 of Italian Law no. 104 of 1992, not only justifies dismissal...
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Lawful Suspension From Work And Pay Of Non-Vaccinated Healthcare Operators (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 22 Juin 2021 – Alberto De Luca, Alessandra Zilla)

    With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two non-vaccinated healthcare operators was lawful.
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Redundancy Fund For The Whole Workforce Takes Precedence Over Sick Pay But Does Not Suspend The Protected Period (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 27 July 2021 – Alberto De Luca, Claudia Cerbone)

    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...
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Refusal To Wear A Mask, Legitimate Suspension From Work And Remuneration (Guida Al Lavoro Of Il Sole 24 Ore, 9 July 2021 – Vittorio De Luca, Luca Cairoli)

    Health and safety in the workplace – worker's obligations – refusal to wear a mask – disciplinary relevance – legitimacy of suspension from work and remuneration
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Green Pass To Access The Workplace Is Not Conceivable In The Absence Of Compulsory Vaccination (Guida Al Lavoro De Il Sole 24 Ore, N. 33/34 – Vittorio De Luca, Debhora Scarano)

    In an internal letter of the director general sent by e-mail to the directors of the system's local and sectoral associations, Confindustria expressed its favourable opinion on the Covid-19 green certificate...
    ItalyCoronavirus (COVID-19)
    De Luca & Partners
    De Luca & Partners
  • Article

    EU Court: The Employer Can Prevent Employees From Wearing Political, Philosophical Or Religious Symbols If Needed

    The Court of Justice of the European Union looked at the delicate issue of using religious symbols in the workplace under a ruling published on 15 July 2021, in Joined Cases C-804/18 and C-341/19.
    European UnionEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Compulsory "Covid-19 Green Pass" For Employees

    Decree Law No. 127 of September 21, 2021 (hereinafter, "Decree"), in force since September 22, has introduced the COVID-19 Green Certification obligation (hereinafter, "Green pass")...
    ItalyCoronavirus (COVID-19)
    De Luca & Partners
    De Luca & Partners
  • Article

    A Director's Waiver Of Remuneration Must Be Explicitly Stated

    The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director's waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention...
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners
  • Article

    Risks On The Web And Misuse Of The Company PC: Yes To A Dismissal Of The Employee

    The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee...
    ItalyEmployment and HR
    De Luca & Partners
    De Luca & Partners

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