Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

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 ....

Categories: Practice

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 ....

Categories: Case Law

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 ....

Categories: Case Law

With its judgement no. 23735 dated 22 November 2016, the Court of Cassation once again draws the boundaries between ontologically disciplinary dismissal and dismissal for justified objective grounds. In the case in question, the reason given for dismissal for justified objective grounds submitted to the Court was “the almost total absence of concurrence, between your ....