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22 October 2018 • 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) for a work relationship qualified as independent to be reclassified as employment relationship. The ruling originated from an appeal filed at the Court of Milan by eight ....

15 October 2018 • Insights

TV extras are not employees (Il Quotidiano del Lavoro of Il Sole 24 Ore, 15 October 2018 – Enrico De Luca, Elena Cannone, Antonella Iacobellis)

With a lawsuit filed at the Court of Rome, a worker claimed of having provided his work under employment conditions for two specific time periods for a company providing design, implementation and production of TV programs, as part of a broadcast and to have been dismissed verbally. Specifically, the appellant claimed (i) of having written ....

30 September 2018 • Insights

The 2018 Budget Law for the protection of employees who are victims of harassment (Newsletter Norme & Tributi no. 126 – Italian-German Chamber of Commerce – Vittorio De Luca, Luciano Vella)

The 2018 Budget Law (Law no. 205 dated 27 December 2017) introduced in the “Code of equal opportunities for men and women” (Legislative Decree 198/2006) new protections against discrimination due to harassment, including sexual harassment, in the workplace. In particular, the Italian legislator – having taken into consideration the widespread occurrence of such conduct – ....

28 September 2018 • Insights

A guide to Corporate Immigration in 30 countries in the world

The 2018 online edition of the “International Comparative Legal Guide to Corporate Immigration”, published by the Global Legal Group in partnership with the American Immigration Lawyers Association is now available. The publication includes the latest updates in the matter of corporate immigration in 30 countries of the world, and it is a helpful guide for ....

26 September 2018 • Insights

Termination of the probation period: cases of lawfulness

With its judgement No. 273 filed on 21 September 2018, the Brescia Court of Appeal has ruled on a few aspects of the probation period. In the case at hand, a woman worker had filed a petition to the court of first instance seeking annulment of the dismissal enforced for failure to pass the probation ....

25 September 2018 • Insights

The right to criticize and libel

With its recent judgement no. 21965 dated 10 September 2018, the Court of Cassation once again ruled on the well-known controversial issue of the boundaries between the right to criticize and insubordination, upholding the decision of the trial court. The judgement at hand found the dismissal imposed on an employee, who had uttered words deemed ....

25 September 2018 • Insights

Ascertainment of breaches of discipline by private detectives

The Court of Cassation – with judgment no. 21621 filed on 4 September 2018, has ruled that a disciplinary dismissal for circumstances established by a private detective is not lawful if such dismissal is based on facts occurred within the context of the performance of the job duties and connected to the latter. In the ....

25 September 2018 • Insights

Correctness and good faith: the criteria to draw a distinction in the event of dismissal for cancellation of the job position

The Court of Cassation, with judgement no. 21438 dated 30 August 2018, ruled again on the subject matter of dismissal for cancellation of the job position. More specifically, a worker – among other things – had filed an opposition against the dismissal imposed on him, seeking annulment thereof, as he considered it retaliatory, and consequently, ....

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