DLP Insights

Legislative Decree No. 253/2016 which regulates the conditions of entry and stay in Italy of foreign employees as part of intra-corporate transfers was published in the Official Gazette of 10 January 2017. The aforementioned decree, in force since 11 January, contains the provisions necessary for the transposition of Directive 2014/66/EU dated 15 May 2014, the ....

With circular No. 1/2017, the National Labour Inspectorate provided clarifications to the inspectors on the “transnational secondment of workers in the framework of the provision of services“. The attention of the Inspectorate focused on the implementation of Legislative Decree 136/2016, which in addition to regulating the typical cases of cross-border secondment, extends, among others, its ....

The Court of Cassation, with judgment No. 50 dated 3 January 2017, intervened in the matter of dismissal for cause, clarifying that the timeliness of a disciplinary notice must be assessed with reference to the time when full knowledge of the fact is acquired, stating instead that for that purpose a mere suspicion is not ....

The Court of Cassation, with judgment No. 25201 dated 7 December 2016, issued a new judgement on the matter of dismissal for justified objective grounds. In particular, the Court of Cassation noted that Article 3 of Law 604/66 does not require that “adverse situations” or situations entailing “considerable extraordinary expenses” must be invoked as the ....

The Court of Cassation, with judgment No. 798 dated 13 January 2017, stated that the customer, whenever the work environment remains available to the latter, shall take all appropriate measures to protect the well-being and health of workers, including the contractor’s employees. In particular, according to the Court, these measures consist in (i) providing workers ....