Comments and tools from De Luca & Partners’ experience
Categories: Publications
With its judgment no. 1595 of 28 January 2016 the Labour Section of the Cassation Court, returned to ruleon the existence of just cause for dismissal of a employee who had..
Categories: Case Law
In its judgment No. 61496, handed down on 12 January 2016, the European Court of Human Rights considered the dismissal served on an employee who, during working hours, had sent messages to own relatives from the email account given to him for doing his work, thus infringing the internal rules prohibiting the use for private ....
Categories: Case Law
The long-awaited Decree of the Ministry of Labour and Social Policies of 15 December 2015 on the ways of communicating dismissals and any termination of the employment by mutual consent was published in Official Gazette No. 7 of 11 January 2016. The new procedure, as expressly provided for under article 26, paragraph 8, of Legislative ....
Categories: Case Law
With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned, when an employee informs the employer to opt for the indemnity in lieu of reinstatement, the employment will be terminated. This will apply even if the employer ....
Categories: Case Law
With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company in connection with the request of salary differences of some employees. In particular, the judge of first instance stated that, effective as of 18 July 2012 (date ....