Comments and tools from De Luca & Partners’ experience
Categories: Practice
With circular No. 1/2017, the National Labour Inspectorate provided clarifications to the inspectors on the “transnational secondment of workers in the framework of the provision of services“. The attention of the Inspectorate focused on the implementation of Legislative Decree 136/2016, which in addition to regulating the typical cases of cross-border secondment, extends, among others, its ....
Categories: Case Law
The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice must be assessed with reference to the time when full knowledge of the fact is acquired, stating instead that for that purpose a mere suspicion is not ....
Categories: Publications
Vittorio De Luca e Federica Parente hanno contribuito alla redazione del Quaderno nr. 68 Commissione...
Categories: Case Law
With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....
Categories: Case Law
With its judgement no. 24030 dated 24 November 2016, the Court of Cassation pronounced itself on the subject of dismissal for cause, by quashing with remand a judgement of the Court of Appeal who held jurisdiction. In the case in question, in confirming the first instance ruling, the Court of Appeal declared that the dismissal ....