Comments and tools from De Luca & Partners’ experience
Categories: Practice
The National Labour Inspectorate, with memorandum No. 290 dated 12 January 2018, published its opinion on the compatibility of training in an internship agreement with posting pursuant to article 30 of the Legislative Decree No. 276/2003. On this matter, the Labour Inspectorate does not see reasons against the possibility of making use of posting in ....
Categories: Case Law
The Court of Cassation in its Plenary Sitting, with judgement No. 30985/2017 resolved a conflict of case-law regarding the penalty in the case of disciplinary dismissal affected by a late claim of unlawfulness. The controversy from which the judgement of the Plenary Sitting emerged, arose from an appeal filed at the court by an employee ....
Categories: Case Law
The Court of Cassation, with judgement No. 29753/2017, ruled on the lawfulness of a dismissal issued by e-mail. In particular, the Court, through a literal interpretation of the provision referred to in Law 604/66, wished to clarify that “the requirement of written notice of dismissal must be deemed fulfilled, in the absence of specific procedures, ....
Categories: Case Law
The Court of Cassation, with judgement No. 331 published on 10 January 2018, ruled once again on the penalties related to a dismissal for just cause deemed unlawful. In the specific case, an employee had been dismissed due to a change of corporate organisation triggered by a prefectural disqualification order due to alleged mafia infiltrations. ....
Categories: Case Law
The Court of Cassation, with judgement No. 297, dated 9 January 2018, declared unlawful the dismissal for just cause of an employee who, after a heated argument with a colleague within the company’s premises that occurred at the presence of other employees and guests, continued the dispute outside the company’s premises, triggering a brawl that ....