In judgment No. 436/2019 filed on 10 January 2019 the Court of Cassation confirmed that, based on the constitutional principle of freedom of private economic initiative (art. 41…
Draft law no. 726 (the “DL”), which introduces significant changes to Italian Legislative Decree no. 231/01 is currently being examined by the Justice Committee of the Italian Senate.…
Contribution of De Luca & Partners on human resources as a sustainability objective. The HR is expected to have an increasingly substantial impact, as it can focus the…
A worker was dismissed also on the basis of previous disciplinary offences. Nevertheless, the previous examples were not included in the employer's disciplinary notice with a view to…
Using a peculiar argument, the Court of Cassation, with judgment no. 31763 of 7 December 2018 ruled on the possibility to consider the inconvenience caused by continuous and…
Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific…
A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for…
Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated…
Almost a year on from the entry into force of Law 179/2017 on whistleblowing, the aim of which is to protect employees reporting offences or irregularities of which…
Law no. 96 dated 9 August 2018, with amendments, converting Law Decree no. 87, dated 12 July 2018 (the so-called "Dignity Decree"), reintroduced in the Italian legislation the…