Comments and tools from De Luca & Partners’ experience
Categories: Publications
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 ....
Categories: Publications
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 ....
Categories: Publications
The Court of Appeal, by ruling 26029 dated 15 October 2019, reconfirmed that the dismissal of a compulsorily employed employee must be considered voidable in the context of a collective staff reduction procedure if, at the time of the termination of the employment contract, the number of remaining compulsorily employed employees is less than the ....
Categories: Publications
The Court of Cassation, Fourth Criminal Section, with sentence 35934 of last 09 August, declared a company responsible for the crime of serious injury with violation of safety rules at work. This is because it had not adopted an Organisational Model for health and safety at work suited to prevent the commission of such an ....
Categories: Publications
The Court of Appeal, by ruling no. 25355 dated 9 October 2019, stated that employers that claim earnings from other work or sources to be deducted from the compensation due to employees are required to enclose specific factual circumstances and to provide timely specifications, proving general requests for evidence or requests for evidence for purely ....