DLP Insights

Court of Cassation: disciplinary code is not necessary for serious breaches

08 Jun 2010

The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has not to be considered compulsory should a dismissal be connected to violations of duties set forth by law or arising from the common ethic background of any honest person, or, again, refer to breaches of general obligations deriving from an employment relationship.

Italian Court of Cassation: work clothes that act as a protective barrier are PPE

29 Nov 2022

The Italian Court of Cassation, with order of 11 October 2022, No 29720, confirmed that ‘any equipment, ancillary or accessory which could actually constitute a protective barrier, however small or limited, with respect to any risk to the health and safety of the worker in compliance with Article 2087 of the Italian Civil Code’ falls ....

Straining occurs when the harassment is not continuous and there is no malicious intent on the part of the employer

29 Nov 2022

With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from mobbing. The proceedings arise from the appeal presented before the Court of Paola by a municipal employee who complained of having been subjected to malicious conduct by ....

Contract term ineffectiveness if there is a company transfer

31 Oct 2022

In its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract term’s ineffectiveness was confirmed, is treated as transferred ex lege to the transferee. Facts of the case The case concerns the effectiveness of a business transfer for ....

The employer can challenge the assessment notice issued by the Labour Inspectorate for pecuniary claims

27 Sep 2022

The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without the assessment being made final, which can be challenged. With order no. 23744 of 29/07/2022, the Court of Cassation confirmed this, and stated that the warning notice ....