DLP Insights

Here are some of the main labour law amendments of the so called "Work related act" (presented by the chairman Maurizio Castro, PDL party) that may be examined by the Labour Commission of the Senate:

The Court of Cassation changed its prevailing stance on the compensation effect of the present missed challenge of dismissal, determining that if the judge can no longer ascertain whether or not the dismissal is legitimate, he must consider preservation of compensation also blocked.

The Court of Cassation stated that in the case of fixed term hiring for the replacement of a worker absent having the right to hold his job (Law no. 230/62), the possibility to replace him by “sliding” another worker implies the existence of a causal type of correlation between the replacement’s activity and that of ....

In intervening on remote controls of company personal computers, the Court of Cassation determined that it is forbidden to install software on said computers that allows controlling accesses to the network of employees and, in general, that are able to perform verification not agreed to with the trade unions and Provincial Labour Office.

The Preliminary Investigation Magistrate of Milan for the first time excluded objective responsibility of a company charged with the crime of IT market rigging (art. 2637 of the Civil Code), having considered the organizational model adopted complying with Leg. Decree 231/01.