DLP Insights

On 12 March 2016, the new procedure came into force governing online resignation and termination by agreement, introduced by the Jobs Act. However, there are certain critical aspects of the new procedure. Firstly, there is an initial doubt regarding the procedure’s application in the case of resignation during an employee’s trial period. On the one ....

With its judgment No. 5056 of 15 March 2016, the Court of Cassation established that the determination of the place of employment comes within the employer’s organizational powers, and is only limited by the provisions governing the question of employee transfers. In the case in hand, the local Court of Appeal confirmed the court of ....

With its judgment No. 2116/2016, the Court of Cassation reiterated that no mobbing shall be deemed to have occurred in the absence of a specific vexatious plan aimed at the gradual personal and professional demolition of the employee in question. The employer must safeguard the physical well-being and moral character of employees. In this sense, ....

With its judgment No. 4695 of 10 March 2016, the Court of Cassation declared as unlawful the dismissal for just cause of an employee who (i) was not present for the home medical visit during the period of illness in question, and (ii) failed to have a medical examination at the doctor’s surgery the following ....

With its judgment No. 3306 of 19 February 2016, the Court of Cassation confirmed the legal principle already stated in the Court’s decision No. 22540 of 2 October 2013, in virtue of which “the employee’s action aimed at recognition of rights connected to previous employment, cannot be precluded by generic, all-inclusive forms of waiver, in ....