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Conflictual relationships originating from the employer do not constitute mobbing

With order no. 10043 of 10 April 2019, the Italian Court of Cassation again ruled on the requirements that need to be met for a series of actions…

Insights

VAT frauds expand the range of offences listed in Legislative Decree 231/01 (Newsletter Norme & Tributi n. 131 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

By 6 July 2019, Italy will have to adopt Directive (EU) 2017/1371 (the “PIF Directive”) on the fight against fraud to the Union's financial interests and approved on…

Insights

A disciplinary suspension measure is unlawful if facts justify dismissal (Diritto 24 from Il Sole 24 Ore, 29 March 2019 – Alberto De Luca, Gabriele Scafat)

In its recent judgement no. 285 dated 1 February 2019, the Court of Milan ruled on the legitimacy of an employer's conduct in requiring a candidate to submit…

Insights

Organisational Models: dissemination proposal of the Register of chartered accountants (Newsletter Norme & Tributi n. 130 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

On 10 January 2019, the Council of the national register of chartered accountants (“Ordine dei Commercialisti”), together with the Italian banking association ABI (“Associazione Bancaria Italiana”), the Consiglio…

Insights

Reinstatement of a job position after 7 months does not affect the lawfulness of a dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 6 March 2019 – Alberto De Luca, Gabriele Scafati)

By way of judgment No. 4672 filed on 18 February 2019, the Court of Cassation has once again ruled on the lawfulness of dismissal for elimination of a…

Insights

The applicable guarantees in the event of unlawful dismissal in the light of the judgment of the Constitutional Court (Il Commerci@lista, Lavoro e Previdenza January/February 2019, Vittorio De Luca – Stefania Raviele)

The grounds of judgment no. 194/2018 - lodged on 9 November - were published in the Official Gazette no. 45 last 14 November 2018. In this judgment, the…

Insights

Burden of proof for verbal dismissal rests with the employee (Il Quotidiano del Lavoro of Il Sole 24 Ore), 21 February 2019 – Alberto De Luca, Raffaele Di Vuolo)

The allocation of the burden of proof in appeals against verbal dismissal is once again in the spotlight. In fact, in judgment 3822 of 8 February 2019, the…

Insights

The layoff of a manager for cost cutting reasons uncontestable (Il Quotidiano del Lavoro of Il Sole 24 Ore, 14 February 2019 – Alberto De Luca, Gabriele Scafati)

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…

Insights

The obligatory nature of the 231 model and the appointment of a supervisory body (Newsletter “Norme & Tributi n. 129” – Italo-German Chamber of Commerce– Vittorio De Luca, Luciano Vella)

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.…

Insights

Legal Advisors as Partners of Sustainable HR (ESG Business Review – ETicaNews, January 2019 – Vittorio De Luca)

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…

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