News & Insights

Insights

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…

Insights

Unlawful dismissal: compensation after the Constitutional Court’s ruling

  The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian].…

Insights

The obligatory nature of the 231 model and the appointment of a supervisory body (Newsletter “Norme & Tributi n. 129” – Italo-German Chamber of Commerce– Vittorio De Luca, Luciano Vella)

Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/01 is currently being examined by the Justice Committee of the Italian Senate.…

Insights

Privacy and disciplinary procedures: employees have the right to access their own data

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the…

Insights

“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time…

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