News & Insights

Insights

Insights

The expiry of the limitation period of wage claims after the Fornero law

With its judgement no. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced…

Insights

Monitoring of company email messages: European parameters

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned…

Insights

Did you know that… employers can hire a private investigator to make sure that the leaves envisaged in Law no. 104/92 are not improperly used?

The case law is united in believing that employers have the right to hire a private investigator to make sure that the leaves referred to in Law no.…

Insights

Apprenticeship and right to take precedence: the clarifications of the Ministry

With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation…

Insights

Early indications from the Data Protection Authority on how to select a Data Protection Officer

The Data Protection Regulation 2016/679, which will become fully effective on 25 May 2018, has introduced among others the figure of Data Protection Officer (DPO). In consideration of…

Insights

Five-year statute of limitations on contributions credit

The Court of Lodi, with judgement No. 99 filed on 6 July 2017, verified that the statute of limitations applied to a credit on a tax payment notice.…

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…

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