DLP Insights

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee had filed a law suite against the dismissal ordered by the company due to closing down of the department where he worked, stating that the dismissal was ....

The Court of Cassation, with ruling No. 16571/2018 has once again returned  – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on the topic of reclassification of the apprenticeship relationship in an employment relation under an open term contract, if the employer’s obligations to provide training was breached. In ....

With two “twin” rulings (No. 19863 and No.  20620, the latter filed on 7 August), the Court of Cassation had the opportunity to express its opinion on the rules governing collective dismissals linked to corporate demergers. In the case in question, a company had performed a partial demerger – by assigning to two newly incorporate ....

Too much protection and rigid obligations. The Dignity Decree is an insidious and difficult law to apply. In the opinion of attorney Vittorio De Luca, Managing Partner of the Law Firm De Luca & Partners, specialised in labour law, “now more than ever, businesses must pay significant attention to the reasons that legitimate the use ....

The Court of Cassation, with judgement No. 19732 dated 25 July 2018, confirmed that in the case of dismissal for justified objective reasons, the selection of the employee, or employees, to be dismissed is not fully at the discretion of the employer. In fact, it is limited, in addition by the prohibition to discriminate, by ....