Categories: Case Law
The Court of Cassation, in order No. 9268 of 3 April 2019, has affirmed that the dismissal for justified objective reasons of a pregnant employee during the notice period is lawful but unenforceable, as occurs in the case of termination during sick leave or absence for injuries. The facts In overturning the first ....
Categories: Publications
In its recent judgement no. 285 dated 1 February 2019, the Court of Milan ruled on the legitimacy of an employer’s conduct in requiring a candidate to submit a certificate of pending proceedings and whether the candidate must comply with the request. The case originates from the disciplinary proceedings initiated against a worker for not ....
Categories: Publications
By 6 July 2019, Italy will have to adopt Directive (EU) 2017/1371 (the “PIF Directive”) on the fight against fraud to the Union’s financial interests and approved on 5 July 2017 by the Parliament and European Council. Upon its adoption, VAT fraud will fall in the list of offences established by Legislative Decree 231/01. According ....
Categories: Case Law
The Milan Court of Appeal, with judgment no. 2116 of 22 January 2019, reversing the judgment of the court of first instance no. 483/2017 of the Court of Monza, ruled on the validity of the trial period annexed to the employment contract and on the legitimacy of the dismissal served on grounds of failure to ....
Categories: Case Law
With judgment no. 3147 of 1 February 2019, the Court of Cassation remarked that the employers can supplement the grounds for dismissal in the course of proceedings if these are insufficient or generic. The facts The Court of Appeal having jurisdiction, upholding the judgment of the Court of first instance, had declared that the dismissal ....
