News & Insights

Insights

Insights, News

231/01: case-law opens new questions

Case-law regarding the execution of the provisions set forth under Legislative Decree 231/01 discloses some trends. In particular, please note as follows: - the organizational model should be effectively…

Insights, News

The so called “work related act” has been approved

The Italian Senate has definitively approved the so called “work related act” to the financial law, (bill no. 1167-B). It is going to be published in the Official…

Insights, News

231/01: supervisory authority is better if collegial

In the opinion of the Supervisory Authorities Members Association (Associazione dei componenti degli Organismi di Vigilanza - AODV), the Supervisory Authority (set forth under the Legislative Decree 231/01…

Insights, News

Health certificates are challengeable (Court of Milan, October 2009 judgment)

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate. The judge…

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The employer also pays if the accident depends on the employee’s imprudence (Court of Cassation, Labour Division, Judgment No. 21220 of 5 October 2009)

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from…

Insights, News

Dismissal, unfitness does not lead to withdrawal (Court of Cassation, Labour Division, Judgment No. 21710 of 13 October 2009)

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by…

Insights, News

Dismissal, operational sanction prior to the 5 days (Court of Cassation, Labour Division, Judgment No. 21296 of 6 October 2009)

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be…

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Disciplinary sanctions, immediateness linked to the structure (Court of Cassation, Labour Division, Judgment No. 21221 of 5 October 2009)

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which…

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Disabled person with a guaranteed job (Court of Cassation, Labour Division, Judgment No. 24091 of 13 November 2009)

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if…

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2010 FINANCE ACT APPROVED

Ø Extension of lay-off schemes to all 2010, including those of exceptional nature and those aimed at companies having more than 50 employees; Ø Introduction of a lump sum allowance…

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