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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…

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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…

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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,…

Insights

Fixed term contract: the indemnification protection covers only periods not actually worked

The Court of Cassation, with judgement No. 17248 dated 2 July 2018, faced the matter of the protection of employees when in the presence of a series of…

Insights

Work activity while on sick leave: dismissal is legitimate only if work delays healing

The Court of Cassation, with judgement No. 17514 dated 4 July 2018, deemed justified the disciplinary dismissal ordered to a bus driver of a private rental company who,…

Insights

Even for the Court of Milan food-riders are self-employed

The “battle” on the type of employment relationship of the so-called riders in the age of the gig economy continues. A few months after the judgement issued by…

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