News & Insights

Insights

Insights

Legitimacy of dismissals for improper use of leaves as per law 104

With judgment no. 4670 of 18 February 2019, the Court of Cassation maintained that the controls requested by the employers of an investigation agency are legitimate if the…

Insights

DO YOU KNOW THAT… Employers must pay a contribution (“Termination fee”) for each worker dismissed?

Article 2 (31) of Law no. 92/2012 (so-called Fornero Law) introduced the payment of a fee by the employers, in relation to each worker dismissed from permanent employment,…

Insights

Green-light to the reform for enterprises in crisis: spotlight on the articles of association and organizational arrangement of Italian-law limited liability companies (S.r.l.)

Some of the measures set forth in Legislative Decree no. 14 of 12 January 2019 and published in the Official Gazette on the following 14 February entered into…

Insights

Video surveillance: the repetition of the procedure following a change in the ownership structure is unnecessary

The National Labour Inspectorate, with Circular Letter no. 1881 of 25 February 2019, has clarified aspects concerning the application of Article 4, Workers' Statute, in the event of…

Insights

Organisational Models: dissemination proposal of the Register of chartered accountants (Newsletter Norme & Tributi n. 130 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

On 10 January 2019, the Council of the national register of chartered accountants (“Ordine dei Commercialisti”), together with the Italian banking association ABI (“Associazione Bancaria Italiana”), the Consiglio…

Insights

Reinstatement of a job position after 7 months does not affect the lawfulness of a dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 6 March 2019 – Alberto De Luca, Gabriele Scafati)

By way of judgment No. 4672 filed on 18 February 2019, the Court of Cassation has once again ruled on the lawfulness of dismissal for elimination of a…

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…

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