News & Insights

Insights

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…

Insights

The procedural guarantees referred to in Art. 7 of the Workers’ Charter are also applied to disciplinary dismissal of a senior executive

With its decision no. 15204 of 20 June 2017, the Court of Cassation intervened in the subject of the disciplinary dismissal of a senior executive without prior application…

Insights

Dismissal via Whatsapp is legitimate

The Catania Employment Tribunal, by referring to a precedent from the Florence Tribunal, issued an order stating that dismissal of an employee via Whatsapp is legitimate. In the…

Insights

Dismissal due to the suppression of a post through a different division of duties is lawful

In its decision no. 14871 of 15 June 2017, the Court of Cassation referred to its own case-law orientation and confirmed that, within the sphere of a dismissal…

Insights

The stability pact, its legitimacy and remuneration

With its decision no. 14457/2017, the Court of Cassation turned over the “double conforming” decision of the lower courts and intervened with regard to the stability pact enclosed…

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