News & Insights

Insights

Insights

The applicable guarantees in the event of unlawful dismissal in the light of the judgment of the Constitutional Court (Il Commerci@lista, Lavoro e Previdenza January/February 2019, Vittorio De Luca – Stefania Raviele)

The grounds of judgment no. 194/2018 - lodged on 9 November - were published in the Official Gazette no. 45 last 14 November 2018. In this judgment, the…

Insights, News

“Dismissal and indemnity – the rules do not provide certainty” (Affari&Finanza, 4 March 2019 – Vittorio De Luca)

The increase in disputes and the rising financial value of settlements, together with a scenario that has become more unstable and uncertain, could be discouraging employers from recruiting.…

Insights

Riders are “hetero-organised” contractors

The Court of Appeal of Turin, with judgement No.26 filed on 11 January 2019 and published on 4 February, has partially accepted the appeal filed by 5 bike-delivery…

Insights

Refusal to transform the employment relationship from full time to part time is evidence of a “repêchage” attempt

The Court of Cassation, with judgement No. 1499 dated 21 January 2019, confirmed the principle of law according to which, concerning dismissal due to justified objective grounds, it…

Insights

Dismissal based on a future corporate transfer is unlawful

The Court of Cassation, with judgement No. 3186 of 4 February 2019, stated that dismissal based on a future corporate transfer (through merger) with consequent unification of departments,…

Insights

Do you know that… Effective from May 6, 2019 those who do not wish to receive snail mail must register in the Italian Do Not Call Registry?

On 19 January, the Official Gazette published the “Regulation amending the Presidential Decree No. 178/2010 on the matter of the Do Not Call Registry concerning the use of…

Insights

The “new” protection of trade secrets

The Italian Government with Legislative Decree No. 63/2018 (the "Decree") implemented the EU Directive No. 2016/943 (the "Directive") on the protection of the so-called "undisclosed know-how" and business…

Insights

Fraudulent staff-leasing: clarifications from the Labour Inspectorate

On 12 August 2018, the conversion law No. 96/2018 of Decree Law No. 87/2018 (the so-called Dignity Decree) came into force, which, among other things, reintroduced the crime…

Insights

Burden of proof for verbal dismissal rests with the employee (Il Quotidiano del Lavoro of Il Sole 24 Ore), 21 February 2019 – Alberto De Luca, Raffaele Di Vuolo)

The allocation of the burden of proof in appeals against verbal dismissal is once again in the spotlight. In fact, in judgment 3822 of 8 February 2019, the…

Insights

The layoff of a manager for cost cutting reasons uncontestable (Il Quotidiano del Lavoro of Il Sole 24 Ore, 14 February 2019 – Alberto De Luca, Gabriele Scafati)

In judgment No. 436/2019 filed on 10 January 2019 the Court of Cassation confirmed that, based on the constitutional principle of freedom of private economic initiative (art. 41…

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