News & Insights

Insights

Insights

Specificity, immediacy and immutability: the three fundamental requirements for disciplinary objection

The Court of Cassation, with judgement No. 19103 dated 1 August 2017, confirmed the unlawfulness of disciplinary dismissal ordered to an employee responsible for having provided confidential information…

Insights

The objective nature of discriminatory dismissal and the subjective nature of retaliatory dismissal

The Court of Cassation, with judgement No. 14456 dated 9 June 2017, has intervened again on the distinction between discriminatory dismissal and retaliatory dismissal. The Court, intervening on…

Insights

The right to higher tasks must be verified from a quality standpoint

The Court of Cassation, with judgement No. 19725 dated 8 August 2017, confirmed the principle according to which in the presence of mixed tasks, the analysis aimed at…

Insights

It is lawful to dismiss an employee for profit reasons, even if there is no [financial] crisis situation

The Court of Cassation, with judgement No. 19655 dated 10 August 2017, has confirmed the choice of an employer to dismiss one of its employees in order to…

Insights

Disciplinary dismissal is lawful only if there is proportionality

The Court of Cassation, with judgement No. 20130 dated 17 August 2017, has once again voiced its opinion on the proportionality of the disciplinary sanction against an employee…

Insights

DID YOU KNOW THAT… on 25 May 2018, the European Data Protection Regulation will become fully operational?

The date of 25 May 2018 is approaching and the European Personal Data Protection Regulation No.679, entered into force on 26 May 2016, will become fully operational. Therefore,…

Insights

Law on competition: collective bargaining agreement and partial devolution of the accruing employee’s severance indemnity

On 14 August 2017, the “Annual law on market and competition” (Italian law No. 124) has been published on the Official Gazette and it will become effective on…

Insights

National collective bargaining agreement for Mechanical engineering industry: new minimum salary levels have been defined

On 6 June 2017, as a follow up of what had been established in the Renewal Agreement dated 26 November 2016, Federmeccanica, Assistal, Fim, Fiom and Uilm, have…

Insights

DO YOU KNOW THAT… disciplinary dismissal and dismissal for objective just cause are retroactive?

Pursuant to Art. 1, sub-paragraphs 40 and 41, of Italian Law no. 92/2012 (the so-called Fornero Reform), a dismissal subsequent to a disciplinary procedure under Art. 7 of…

Insights

Dismissal of an employee for breach of company practice is lawful

The Bologna Employment Tribunal, with its decision no. 734 of 7 July 2017 under Art. 1 of Italian Law no. 92/201, confirmed the order issued during the summary…

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