Insights

Comments and tools from De Luca & Partners’ experience

Categories: Legislation

The Council of Ministers, in its meeting of 23 September 2016 has approved in its final form, a legislative decree containing, among others, provisions integrating and correcting Legislative Decree No. 81/2015 and Legislative Decree No. 148/2015. With regard to accessory work, the decree calls for the principal to notify by text message or email to ....

Categories: Practice

The Privacy Authority, with provision No. 303 dated 13 July 2016 disseminated with the Newsletter No. 419 dated 15 September declared unlawful the processing of data carried out by a university using special software. Specifically, the Privacy Authority noted that the software in question was such as to allow a systematic monitoring of the activity ....

Categories: Case Law

The Court of Cassation with judgement No. 17921 dated 12 September 2016 ruled that if a probation clause included in the employment contract is found to be invalid, the employer’s termination of the contract is subjected to the application of the protections against unlawful dismissal. Thus, the Supreme Court of Cassation reversed the interpretation provided ....

Categories: Case Law

The Court of Cassation, with judgement No. 17062 dated 11 August 2016 ruled that notification of dismissal issued by registered letter, even if rejected by the recipient, is deemed notified. According to the Court, in fact, "A postal agent’s note on the notice of receipt, showing rejection without further specification regarding the subject, recipient, or ....

Categories: Case Law

With sentence no. 16214 dated 3 August 2016, the Court of Cassation affirmed that a trial period must be accepted in writing by the employee. In this particular case, a female employee asked the Courts to quash the termination of her employment because the trial period specified in the employment contract had expired. The employer ....