DLP Insights

The Court of Cassation, with judgement no. 54 filed on 3 January 2020, returned to express its position regarding the distribution of responsibilities for accident prevention obligations in limited companies. Expressing a general principle, the Court first of all pointed out that in corporations the employer’s obligations under the law relating to the prevention of ....

On 26 November 2019, Directive of the European Parliament and Council no. 1937/0/201, dated 23 October 2019, concerning the protection of individuals who report breaches of EU law, therefore, concerning whistleblowing, was published in the Official Journal of the European Union. Of specific importance, the provisions of the Directive are revealed, which include: – the ....

The Court of Appeal, by order no. 28285 dated 4 November 2019, (i) established that, in order to resort to labour-only subcontracting, it is necessary that the factual elements in respect of which the court has the possibility of verifying the effectiveness of the grounds must be specified, given that the mere reference to “peaks ....

Decree Law no. 124 of 26 October 2019 on “Urgent provisions in tax matters and for time-critical needs” (so-called Tax Decree) has expanded the Decalogue of prerequisite crimes for the administrative liability of entities. In this case, “fraudulent declaration through the use of invoices or other documents for non-existent operations” (alias the offence of false ....

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was ....