Comments and tools from De Luca & Partners’ experience
Categories: Publications
Il Tribunale di Milano, con ordinanza del 13 giugno 2017, ha statuito che non legittima il licenziamento la condotta...
Categories: Publications
The Italian Parliament, on May 10, 2017, approved a draft law on the protection of self-employment and flexible labour, which has been in force since June 13. The new legislation includes an entire section dedicated to the new method of performing work, according to the provisions of the so called “smart working”. Article 22 of ....
Categories: Practice
With note No. 4833 dated 5 June 2017, the Italian Labour Inspectorate provided clarifications regarding the correct application of the Legislative Decree No. 136/2016 on the topic of transnational posting. With reference to the concept of “provision of services” the provision clarifies that such wide meaning term – which assumes the execution of temporary work ....
Categories: Case Law
The Court of Cassation, with judgement No. 11895/2017, in declaring unlawful the disciplinary dismissal stated that, in the context of a procedure under art. 7 of Law No. 300/1970, an oral hearing requested by the worker constitutes a prerequisite of his/her right of defence. The Court of Cassation has also clarified that this “unfailing procedural ....
Categories: Case Law
The Court of Cassation, with judgement No. 14862 dated 15 June 2017, declared lawful the disciplinary dismissal (while confirming the conversion performed by the court of appeal from dismissal for just cause to dismissal for a justified subjective reason) ordered to an employee who used the corporate Internet connection for personal purposes in a systematic ....