News & Insights

Insights

Insights

Disciplinary dismissal: inspections even in the absence of serious suspicions of illness are allowed

The Supreme Court of Cassation with judgement No. 18507 filed on 21 September 2016, intervened again on the sensitive issue of denial of acceptance of the medical certificate…

Insights

A post featuring a gun is not just cause for dismissal

The Court of Bergamo, with judgement No. 684 dated 14 September 2016, ruled unlawful to dismiss an employee for having published a photograph on Facebook depicting the employee…

Insights

Dismissal for poor performance to be linked to subjective and objective parameters

The Court of Cassation, with judgement No. 18317 dated 19 September 2016, intervened on the topic of dismissal for justified subjective reasons based on poor performance. According to…

Insights

Generalized and arranged ex-ante remote supervision: inadmissible evidence

The Court of Cassation, with judgement No. 19922 dated 5 October 2016, confirmed unlawful the dismissal for just cause of an employee in charge of private supervisory activity,…

Insights

Collective dismissal: compensatory indemnity for failure to clarify selection criteria

The Court of Cassation with judgement No. 19320 published on 29 September 2016, stated that concerning a collective dismissal the violation of Article 4, paragraph 9 of Law…

Insights

The 2017 Budget bill has been approved

The Council of Ministers approved the State budget bill for the fiscal year 2017 and for the three-year period 2017-2019. A variety of changes have been introduced in…

Insights

Privacy Authority approval of time-stamping Apps

After approval issued by the Privacy Authority, businesses may install an "app" on the smartphones of their staff to record the start and end of the work shift.…

Insights, News

Illness tricksters (Rai Radio 1 – “Italia Sotto Inchiesta”, 7 October 2016)

On 7 October 2016, Vittorio De Luca guest-starred in "Italy under Investigation", the program presented by Emanuela Falcetti on Rai Radio 1 and he talked about the employer's…

Insights, News

“Dealing with unions in the USA and in Italy – Different jurisdictions and different approaches” (Blog Invest in Lombardy, 30 settembre 2016 – Vittorio De Luca)

The latest edition of the now traditional HR Breakfast by De Luca & Partners was hosted in Milan, at Palazzo Affari ai Giureconsulti, Piazza dei Mercanti, on September…

Insights

Court of Cassation: invalidity of the probation clause leads to the application of legislation on dismissal restrictions

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid,…

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