News & Insights

Case Law

Insights, News

Court of Cassation: new requirements for damages and limited retroactivity

Court of Cassation focuses on the so called “Collegato Lavoro” and, in particular, on Article 32, paragraphs 5, 6 and 7, which set damages in a range included…

Insights, News

Legislative Decree 231/01: the sanction application depends on when the “fact” occurs

Court of Cassation – criminal section, with sentence filed on April 12, 2001, stated that, concerning administrative liability of corporate bodies, the Company is liable even if the…

Insights, News

Supply of employees without formality (Court of Bassano, Judgement of 22 March 2011)

The Court of Bassano specified that the reasons for the supply of employees have to be interpreted according to rules which are different from the ones traditionally used…

Insights, News

The severance pay is warranted even if there is not a bankruptcy (Court of Cassation No. 7585/2011)

The Court of Cassation specified that the INPS fund called “Fondo di Garanzia” has to pay the severance pay even if the employer is not bankrupt. The Supreme…

Insights, News

Court of Vicenza: staff leasing with wide reason

Court of Vicenza, with sentence of February 17, 2011, has diverged from the case-law guideline which has consolidated in the last two years regarding necessary conditions for the…

Insights, News

Court of Cassation: registered letter is useless for untraceable contributors

Court of Cassation, with sentence no. 6102/11, has stated that if the contributor is untraceable, the notification of tax assessment is correctly executed with the posting of the…

Insights, News

The lack of analytical computations does not stop the claim of judgement

 Court of Cassation, with sentence no. 4272/2011, states that in order to obtain the declaration of nullity of a claim due to the lack of specification of the…

Insights, News

Labour: clarification on secondment

Court of Cassation (sentence no. 23933/2010) and Ministry of Labor (note no. 1, February 2, 2011) clarified some terms and conditions of secondment, regulated by Article 30, Legislative…

Insights, News

No just cause of dismissal if employer accept the behaviour (Court of Cassation no. 35/2011)

Court of Cassation stated that, in case of dismissal for just cause, employer has to prove that the employee’s behaviour has damaged the trust beneath the employment relationship,…

Insights, News

Court of Cassation: To dismiss twice is lawful

Supreme Court – disregarding its previous guideline based on art. 18 Law no. 300/70 – with sentence no. 1244/2011, stated that employer who already dismissed an employee for…

Inscrivez-vous à notre lettre d’information

Restez en contact avec De Luca & Partners

Inscrivez-vous pour connaître les dernières nouveautés et bénéficier d'un accès privilégié aux ressources de notre cabinet.