DLP Insights

Comments and tools from De Luca & Partners’ experience

Categories: Do you know that

The House Assembly, on 15 November 2017, approved a bill that includes rules for the protection of employees or contractors who disclose illegal actions of which they become aware during the work relationship (the so-called whistleblowing). In the specific case, the whistleblowing employee cannot be punished, dismissed, demoted or subjected to any other retaliatory or ....

Categories: Practice

Effective from 15 November 2017 employers that signed individual smart working agreements must comply with the mandatory notifications. In fact, art. 23 of the Law 81/2017 expressly establishes that the agreement on smart work be subjected to the “notifications detailed in article 9-bis of the Law Decree No. 510 dated 1 October 1996, converted, with ....

Categories: Case Law

The Court of Cassation, with judgement No. 27093 dated 15 November 2017 issued during a Plenary Sitting, intervened on the matter of travel allowance and related taxability and contributory regime. The Supreme Court, overruling its previous stance, consolidated as from judgement No. 396/2012, stated that “habitual travel allowances, payable to operators who, by contract, must ....

Categories: Case Law

The Court of Cassation, with judgement No. 23503 dated 9 October 2017, has ruled valid a dismissal that took place “through reading of the written notification before the recipient (ed. in this specific case a manager) who made himself unavailable to receive a copy”. On the matter, the Court, recalling a few previous applicable cases, ....

Categories: Case Law

The Court of Appeals of Milan, with judgement No. 131/2017, in confirming the first-degree ruling, stated that in collective dismissals the employer does not have any repêchage obligations. This because the latter is an element that applies to dismissals for justified objective reasons for which the employer has the obligation to prove of having assessed ....