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Previous disciplinary measures provide back-up support to dismissal for cause even without contesting the repeated offences (Il Quotidiano del Lavoro de Il Sole 24 Ore, 28 December 2018 – Alberto De Luca, Petra D’Andrea)

A worker was dismissed also on the basis of previous disciplinary offences. Nevertheless, the previous examples were not included in the employer's disciplinary notice with a view to…

Insights

Poor performance due to repeated sick leaves does not legitimize dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 17 December 2018 – Alberto De Luca, Petra D’Andrea)

Using a peculiar argument, the Court of Cassation, with judgment no. 31763 of 7 December 2018 ruled on the possibility to consider the inconvenience caused by continuous and…

Insights

231 Organisation and Management Model Update (Newsletter Norme & Tributi n. 128 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific…

Insights

Threats in the workplace constitute just cause for dismissal (Quotidiano del Lavoro, Il Sole 24 Ore, 11 December 2018 – Alberto De Luca, Luciano Vella)

A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for…

Insights, News

Awards to the best companies in terms of human resources (Affari&Finanza, 3 December 2018 – Vittorio De Luca)

At a time of great change, we wished to reward the companies that implemented innovative projects in the field of human resources, with the hope of contributing to…

Insights

A dismissal due to elapsing of the grace period must be prompt (Il Quotidiano del Lavoro de Il Sole 24 Ore, 3 December 2018 – Alberto De Luca, Luciano Vella)

Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated…

Insights

When is dismissing an employee on sick leave lawful?

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave.…

Insights

Commission accrued by a “coordinator” agent should not to be included in the calculation of the termination indemnity payable under agency agreements

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an…

Insights

Whistleblowing: the Italian Official Gazette publishes the rules for imposing penalties (Il Quotidiano del Lavoro de Il Sole 24 Ore, 21 November 2018 – Elena Cannone, Antonella Iacobellis)

Almost a year on from the entry into force of Law 179/2017 on whistleblowing, the aim of which is to protect employees reporting offences or irregularities of which…

Insights

DO YOU KNOW THAT… the operative part of the judgment ruling that “increasing severance indemnity” is constitutionally unlawful has now been issued?

In the operative part of judgment 194/2018 issued on 8 November 2018, the Constitutional Court has ruled that art. 3, paragraph 1, of Legislative Decree 23/2015 (governing open-ended…

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