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7 June 2019 • Insights

Dismissal is not always legitimate in the cases provided for by the National Collective Labour Agreement (Il Quotidiano del Lavoro de Il Sole 24 Ore, 7 June 2019 – Alberto De Luca, Raffaele Di Vuolo)

The Court of Cassation, with judgement 14063 of 23 May 2019, returned to rule on the principle of proportionality between the expulsive sanction and the non-fulfilment, specifying that the judge cannot be exempt from the concrete assessment of proportionality between the fact disputed and the sanction adopted, even if the conduct is indicated in the ....

31 May 2019 • Insights

Fraudulent supply of labour and its impact on models 231 (Newsletter Norme & Tributi n. 133 – Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

With the law 96/18 the offence of fraudulent supply of labour has been introduced. This offence is committed when there is a supply activity carried out with the specific purpose of circumventing mandatory rules of law or collective agreement applied to employees. The offence in question is punished with a fine of €20 for each ....

31 May 2019 • News

ESG Business Conference – EticaNews (13 June 2019)

Vittorio De Luca will be speaker at the next ESG Business Conference organised by EticaNews where companies and experts will discuss the governance of sustainability on 13 June in Milan. LOCATION AND TIMES The event will take place from 9.00 to 17.00 at Palazzo Giureconsulti in Piazza Mercanti, 2 in Milan. FOCUS Vittorio ....

30 May 2019 • Insights

How do the growing safeguards change after the ruling of the Constitutional Court (Il Giornale di Vicenza – Idea Impresa, 30 May 2019 – Vittorio De Luca, Stefania Raviele)

As of 14 November 2018, the scenario of possible consequences in the event of unlawful dismissal of an employee hired in the era of the Jobs Act has radically changed. On that date, in fact, the reasons were published in the Official Gazette for ruling no. 194/2018, with which the Constitutional Court declared the constitutional ....

29 May 2019 • Insights

Co.co.co.: collective agreement excludes the protection of employment

The Court of Rome, Labour Section, by ruling of 6 May 2019, has discussed hetero-organized contracts of collaboration, developing further the direction of the jurisprudence that arose in relation to art. 2 of Legislative Decree. 81/2015 on the occasion of the so-called ” Foodora case”. The facts The dispute in question concerned the collaboration between ....

29 May 2019 • Insights

Protection of reinstatement if the event which actually occurred lacks any disciplinary bearing

The Court of Cassation, by judgment no. 12174 dated 8 May 2019, ruled on art. 3, paragraph 2, of the Legislative Decree. 23/2015 stating, “the non-existence of the disputed material fact toward the worker, with respect to whom any assessment regarding the disproportion of the dismissal remains extraneous, includes not only the cases in which ....

29 May 2019 • Insights

The employer may unilaterally revoke use of the vehicle granted to the employee

The Court of Cassation, by order 11538 of 2 May 2019, stated that the employer may unilaterally revoke the vehicle assigned to the employee against payment, at any time, without notice and without the employee being entitled to any compensation or replacement compensation. The facts An employee asked the Labour Court Judge to order his ....

29 May 2019 • Insights

Appealability of conciliation reports with respect to trade unions

The third Labour Section of the Civil Court of Rome, by ruling 4354 dated 8 May 2019, stated, the conciliation report signed by the worker in the trade union, can be appealed within the period referred to in Article. 2113 of the Civil Code, where the national collective bargaining agreement does not govern ....

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