DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Publications

Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....

Categories: Publications

Almost a year on from the entry into force of Law 179/2017 on whistleblowing, the aim of which is to protect employees reporting offences or irregularities of which they became aware in connection with their work, the resolution of the National Anti-Corruption Authority (“ANAC”) no. 1033 of 30 October 2018 was published in the Official ....

Categories: Case Law

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave. The Facts An employee who was involved in an accident in the workplace and was prescribed a rest period of 15 days using medical supports and ice ....

Categories: Case Law

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an agent whose commission is based on the commission earned by the sales network he/she coordinates, should not to be taken into account in the calculation of the ....

Categories: Do you know that

In the operative part of judgment 194/2018 issued on 8 November 2018, the Constitutional Court has ruled that art. 3, paragraph 1, of Legislative Decree 23/2015 (governing open-ended employment contracts with increasing protections) is constitutionally unlawful when it links the amount of severance indemnity (for that part not modified by the Dignity Decree) payable to ....