News & Insights

Insights

Insights

The employer’s decisions in dismissal for justified objective grounds are unquestionable

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the…

Insights

As part of a contract, the burden of proof regarding safety in the workplace must be borne by the customer

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all…

Insights

Mandatory repêchage in affiliated companies: the burden of proof must be borne by the employer

The Court of Cassation, with judgment No. 160 dated 05 January 2017, issued a new judgement on mandatory repêchage in affiliated companies. In the case under review, an…

Insights

Dismissal on exceeding the maximum number of sickness absence days

The Court of Cassation, with judgment No. 284 dated 10 January 2017, intervened on the subject of dismissal on exceeding the maximum number of sickness absence days by…

Insights

Article 18 of the Workers’ Statute, ancillary work and contracts: the decision of the Constitutional Court

On 11 January the Constitutional Court declared its opinion on the admissibility of the three referendums proposed by CGIL, related to (i) Article 18 of the Workers' Statute…

Insights

Did you know that to an employee subject to growing protections in case of dismissal it is possible to submit a settlement offer?

An employer who dismisses an employee enjoying increasing protections can make a settlement offer at the time of the administrative proceedings or when dealings with trade unions and…

Insights

Legislative Decree 253/2016 and the conditions of entry and stay of foreign workers in Italy, as part of intra-corporate transfers

Legislative Decree No. 253/2016 which regulates the conditions of entry and stay in Italy of foreign employees as part of intra-corporate transfers was published in the Official Gazette…

Insights

National Labour Inspectorate: the circular on the secondment of workers in the EU

With circular No. 1/2017, the National Labour Inspectorate provided clarifications to the inspectors on the "transnational secondment of workers in the framework of the provision of services". The…

Insights

Corporate welfare: from theory to practice (Quaderno nr. 68 Commissione Lavoro dell’Ordine dei Dottori Commercialisti e degli Esperti Contabili – Gennaio 2017 – Vittorio De Luca, Federica Parente)

Vittorio De Luca and Federica Parente contributed to the drafting of the workbook No. 68 for the Work Committee of the Association of Chartered Accountants. Download the full…

Insights

Dismissal for justified objective grounds cannot be based on the intentional behaviour of an employee

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds.…

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