News & Insights

Insights

Insights

Dismissal due to the use of a company car for private purpose is out of proportion

In Judgment no. 1377 lodged on 19 January 2018, the Court of Cassation has stated – in regard to an employment contract stipulated before the entry into force…

Insights

Disciplinary dismissal and constitutive nature of relapse

In Judgment no. 1909 lodged on 25 January 2018, the Court of Cassation has ruled on the subject of disciplinary dismissal, stressing the need for the preliminary notification…

Insights

No severancy indemnity pay in case of contiguous agency contracts

In Judgment no. 1672/2017, the Milan Court of Appeal has ruled again on the severance indemnity pay set out in Article 1751, Italian Civil Code. In particular, the…

Insights

The unilateral verbal withdrawal from a collective agreement is legitimate

In Judgment no. 2600 of 2 February 2018, the Court of Cassation reiterated that if the signatory parties to a second-level collective agreement have not expressly provided for…

Insights

The burden of proving the achievement of the objectives to receive payment of the related bonus rests on the employee

In Judgment no. 1712/2017, the Milan Court of Appeal has dealt with the issue of the omission by the employer of the annual objectives linked to the payment…

Insights

DO YOU KNOW THAT… the first dismissal bonus increase is due for payment on next March 16th?

In regard to collective dismissals occurred in the “January 2018” pay period, the employers are subject to payment, by next March 16th, of the “first” dismissal bonus increase.…

Insights

Remote control of workers: additional operating provisions from the Labour Inspectorate

In Circular Letter no. 5 of 19 February 2018, the National Labour Inspectorate provided further operating provisions on the “new” Article 4, Workers’ Statute. In particular, the Inspectorate…

Insights

The host company is liable for accidents suffered by seconded workers (Guida al Lavoro de Il Sole 24 Ore, 16 February 2018 – Elena Cannone, Antonella Iacobellis)

With judgement of the Court of Cassation No. 1574 dated January 23 2018, the liability according to article 2049 of the Civil Code regarding accidents in the workplace…

Insights

Whistleblowing at the start line

On 29 December 2017 the so-called Whistleblowing law has entered into force and it has been published on the Official Gazette No. 179 dated 14 December 2017 after…

Insights

Punitive consequences for late claims

The Court of Cassation in its Plenary Sitting, with judgement No. 30985/2017 resolved a conflict of case-law regarding the penalty in the case of disciplinary dismissal affected by…

Subscribe to our newsletter

Stay in touch with De Luca & Partners

Sign up to receive the latest news and gain privileged access to our studio's resources.