DLP Insights

Categories: Case Law

With its judgement no. 21062 of 11 September 2017, the Court of Cassation has delivered an opinion on the issue of just cause for dismissal previously confirmed by the Court of first instance of Campobasso, later overturned by the Court of Appeal, which instead found the dismissal legitimate as the facts in question were proportionate ....

Categories: Case Law

With its judgement no. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced by Law no. 92/2012 (so-called Fornero Law) to Article 18, Workers’ Charter. In particular, the judgement at hand reiterated that following the entry into force of the ....

Categories: Case Law

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned Romania because the monitoring by a company of an employee, later dismissed for making a personal use of the company email messaging service, failed to strike a ....

Categories: Do you know that

The case law is united in believing that employers have the right to hire a private investigator to make sure that the leaves referred to in Law no. 104/92 are not improperly used by the employees. In fact, these leaves cannot be used to meet personal needs (such as dance nights or vacations), since this ....

Categories: Practice

With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation of the right to take precedence of workers hired under a temporary contract. In particular, the requesting organization asked whether the following constitutes infringement of the right ....