DLP Insights

Categories: Case Law

With its judgement no. 20976/2017, the Court of Cassation maintained that a provision signed by the parties at the time of the early termination of employment, whereby an employer agrees to pay a gross amount as an adjustment to the employee severance indemnity, in exchange for the employee waiving his/her right to any other disputes ....

Categories: Case Law

With its judgement no. 1091/2017, the Court of Milan has ruled again on the expiry of the limitation period of wage claims, in light of the modifications introduced by Law no. 92/2012 (so-called Fornero Law) to Article 18, Workers’ Charter. In particular, the judgement at hand reiterated that following the entry into force of the ....

Categories: Case Law

The Grand Chamber of the European Court of Human Rights, with its judgement no. 61496/08, lodged on 5 September 2017 in the case of Barbulescu vs Romania, condemned Romania because the monitoring by a company of an employee, later dismissed for making a personal use of the company email messaging service, failed to strike a ....

Categories: Do you know that

The case law is united in believing that employers have the right to hire a private investigator to make sure that the leaves referred to in Law no. 104/92 are not improperly used by the employees. In fact, these leaves cannot be used to meet personal needs (such as dance nights or vacations), since this ....

Categories: Practice

With its Ruling no. 2 of 9 August 2017, the Ministry for Labour and Social Policies has replied to the question posed by Confcommercio on the correct interpretation of the right to take precedence of workers hired under a temporary contract. In particular, the requesting organization asked whether the following constitutes infringement of the right ....