News & Insights

Case Law

Insights

Court of Cassation: the choice of place of employment comes within the employer’s organizational powers

With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers,…

Insights

Court of Cassation: key ingredients for an agreement having definitive effects

With its judgment No. 3306 of 19 February 2016, the Court of Cassation confirmed the legal principle already stated in the Court’s decision No. 22540 of 2 October…

Insights

Court of Cassation: labour supply contracts and time limit

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This…

Insights

Court of Cassation: the so-called strike of duties is unlawful

With its judgment No. 1350 of 26 January 2016, the Court of Cassation has held that a disciplinary sanction inflicted on an employee who, upon industrial unrest, had…

Insights

European Court of Human Rights: the employer may control the employee’s emails under certain conditions

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,…

Insights

The new procedure for validating dismissals and for any termination by mutual consent

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…

Insights

Court of Milan: statute-barred salary receivables

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…

Insights

The termination clause in the agency agreement.

The Labour Section of the Court of Appeal of Milan, with its first-time ruling n. 218/2013, complied with the most recent case law of legality, which has changed its…

Insights

Court of Appeal of Milan: dismissal is legitimate once the protected period is over

With ruling n. 780 of 5 October 2015 confirming the decision of the first instance judge, the Court of Appeal of Milan, Employment Section, declared the legitimacy of…

Insights

Milan Court of Appeals: termination of independent contractor relationship

With its ruling the Milan Court of Appeals, in confirming the decision of the lower court judges considered the application of art. 2119 of the Civil Code to…

Subscribe to our newsletter

Stay in touch with De Luca & Partners

Sign up to receive the latest news and gain privileged access to our studio's resources.