News & Insights

Insights

Insights

Full matching between the disputed charge and the reasons for the disciplinary dismissal is required

The Court of Cassation with ruling No. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings…

Insights

A dismissal for justified objective reasons is lawful even if the employer makes use of external resources and overtime work

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee…

Insights

Reclassification of apprenticeships? Possible if there is a breach of training obligations

The Court of Cassation, with ruling No. 16571/2018 has once again returned  – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on…

Insights

A demerger to avoid the regulations on collective dismissal is against the law

With two “twin” rulings (No. 19863 and No.  20620, the latter filed on 7 August), the Court of Cassation had the opportunity to express its opinion on the…

Insights

DID YOU KNOW THAT… The Dignity Decree has modified the rules on fixed term contracts and staff-leasing?

Official Gazette No. 186 dated 11 August 2018 has published the conversion law (Law No. 96) of Law Decree 87 (the so called Dignity Decree), entered into force…

Insights

A draft of the Law Decree for the standardisation of the Privacy Code with the GDPR has been approved

On 8 August, a final version of the draft related to the Law Decree “standardising” the Privacy Code (Legislative Decree 196/03) with the European Regulation 679/2016 on the…

Insights

Failure to hire disabled people or individuals falling under protected categories is an immediate breach of the law with permanent effects

The National Labour Inspectorate (INL), with  its Note No. 6316 dated 18 July 2018 provided its opinion regarding the legal nature of the offence related to failure to…

Insights

A first attempted collective bargaining agreement for Riders

In reference to the so called  Riders - a hot topic that has heated up recent public debates after a few case law rulings and the “exchange” of…

Insights, News

“Too much protection and rigidity. The three reasons limit business operations” (L’Economia del Corriere della Sera, 27 August 2018 – Vittorio De Luca)

Too much protection and rigid obligations. The Dignity Decree is an insidious and difficult law to apply. In the opinion of attorney Vittorio De Luca, Managing Partner of…

Insights

Dismissal for justified objective reasons: indemnification protection in the case of violation of the selection criteria

The Court of Cassation, with judgement No. 19732 dated 25 July 2018, confirmed that in the case of dismissal for justified objective reasons, the selection of the employee,…

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