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Previous disciplinary measures provide back-up support to dismissal for cause even without contesting the repeated offences (Il Quotidiano del Lavoro de Il Sole 24 Ore, 28 December 2018 – Alberto De Luca, Petra D’Andrea)

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…

Insights

Poor performance due to repeated sick leaves does not legitimize dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 17 December 2018 – Alberto De Luca, Petra D’Andrea)

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…

Insights

231 Organisation and Management Model Update (Newsletter Norme & Tributi n. 128 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

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…

Insights

Threats in the workplace constitute just cause for dismissal (Quotidiano del Lavoro, Il Sole 24 Ore, 11 December 2018 – Alberto De Luca, Luciano Vella)

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…

Insights

A dismissal due to elapsing of the grace period must be prompt (Il Quotidiano del Lavoro de Il Sole 24 Ore, 3 December 2018 – Alberto De Luca, Luciano Vella)

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…

Insights

Whistleblowing: the Italian Official Gazette publishes the rules for imposing penalties (Il Quotidiano del Lavoro de Il Sole 24 Ore, 21 November 2018 – Elena Cannone, Antonella Iacobellis)

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…

Insights

Dignity Decree: Fraudolent staff leasing (Newsletter Norme & Tributi n. 127 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Luciano Vella)

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…

Insights

Workers refusing to carry out duties not corresponding to their position is grounds for dismissal (Il Quotidiano del Lavoro de Il Sole 24 Ore, 30 Octobre 2018 – Alberto De Luca, Gabriele Scafati)

With a recent order (no. 24118 of 3 October 2018, the Court of Cassation has once again voiced its opinion on the lawfulness or unlawfulness of the refusal…

Insights

Privacy: the Decree of Alignment to the GDPR is now in effect (Il Giornale di Vicenza – Idea Impresa, 23 October 2018 – Vittorio De Luca, Gabriele Scafati)

On 19 September Legislative Decree No. 101/2018 entered into force (the “Decree”), laying down provisions to align the national regulatory framework to European Regulation 679/2016 on personal data…

Insights

All the reasons for employment are required to reassess an independent work relationship (Il Quotidiano del Lavoro of Il Sole 24 Ore, 22 October 2018 – Alberto De Luca, Lucio Portaro)

With judgement dated 15 October 2018, No. 25711, the Court of Cassation provided again its opinion on what are the requirements (and to which magnitude they are relevant)…

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