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11 December 2018 • 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 offences (predicate offences) are committed – to its own advantage or in its interest – by top managers or their subordinates. However, the Decree includes an exonerating ....

11 December 2018 • 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 just cause. This is the principle of law confirmed on 3 December in the Court of Cassation judgement No. 31155/2018. The case analysed arose from the disciplinary ....

3 December 2018 • Insights, News

Awards to the best companies in terms of human resources (Affari&Finanza, 3 December 2018 – Vittorio De Luca)

At a time of great change, we wished to reward the companies that implemented innovative projects in the field of human resources, with the hope of contributing to the dissemination and emulation of best practices. This is how Vittorio De Luca, Managing Partner of De Luca & Partners, explained the spirit of the Excellence & ....

3 December 2018 • 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 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....

29 November 2018 • 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 they became aware in connection with their work, the resolution of the National Anti-Corruption Authority (“ANAC”) no. 1033 of 30 October 2018 was published in the Official ....

29 November 2018 • Insights

When is dismissing an employee on sick leave lawful?

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave. The Facts An employee who was involved in an accident in the workplace and was prescribed a rest period of 15 days using medical supports and ice ....

29 November 2018 • Insights

Commission accrued by a “coordinator” agent should not to be included in the calculation of the termination indemnity payable under agency agreements

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an agent whose commission is based on the commission earned by the sales network he/she coordinates, should not to be taken into account in the calculation of the ....

29 November 2018 • Insights

DO YOU KNOW THAT… the operative part of the judgment ruling that “increasing severance indemnity” is constitutionally unlawful has now been issued?

In the operative part of judgment 194/2018 issued on 8 November 2018, the Constitutional Court has ruled that art. 3, paragraph 1, of Legislative Decree 23/2015 (governing open-ended employment contracts with increasing protections) is constitutionally unlawful when it links the amount of severance indemnity (for that part not modified by the Dignity Decree) payable to ....

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