DLP Insights

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 ....

With its judgment No. 2734 of 11 February 2016, the Court of Cassation has ruled on whether the 60 day time limit applies to labour supply contracts. This is a much-discussed issue, following the introduction of article 32 of Law No. 183/2010 (the so-called ‘Collegato Lavoro‘), both by law scholars and by case law. Even ....

With its judgments No. 1856 of 1 February 2016 and No. 1974 of 2 February 2016, the Court of Cassation has ruled on the existing distinction between agents and business procurers. In particular, the Court of Cassation has stated that the distinguishing features of an agency agreement are the continuity and stability of the activity ....