DLP Insights

In enactment of the provisions of the 2009 Finance Act (Law 203/08), the “anticrisis strategy” (Decree Law 185/08, converted to Law 02/09) and the so called “incentives decree” (Law Decree 05/09, converted to Law 33/09), and as a consequence of the understandings between the State and Regional Governments on 12 February, a number of framework agreements have been signed between the Regional Governments, social parties, Labour Ministry and INPS (National Institute of Social Insurance) to implement exceptional lay-off schemes on all forms of employment contracts.

The Court of Milan has established that the termination of a coordinated, ongoing project-based contract is valid when the project in question has been completed, and that any claim to extend the self-employment contract due to maternity, for a period beyond the project completion date is without grounds.

By sentence under art. 669-sexies of the Italian Code of Civil Procedure, confirmed by the Court at appeal stage on 31 March 2009, the Court of Trento has ordered an employee to disclose to the employer the access password to folders on his PC and to areas of the company server to which he has reserved access, on the grounds that use of the instruments was for professional purposes only.

The Court of Cassation has established that dismissal of an employee for unjustified absence is lawful where the employee fails to take up service at the workplace to which he has agreed to be transferred.

The Court of Cassation has clarified that for the purpose of legal secondment of an employee from the seconding company to that benefiting of the secondment, a specific interest of the employer is necessary in order to qualify the secondment as an organisational action by the seconding company, therefore resulting in a mere amendment to the modalities in which the work performance is given, and that the move is essentially temporary.