DLP Insights

With its judgment No. 709 of 18 January 2016, the Court of Cassation has laid stress on the fact that, in so far as real protection is concerned, when an employee informs the employer to opt for the indemnity in lieu of reinstatement, the employment will be terminated. This will apply even if the employer ....

With its judgment No. 3460, published on 16 December 2015, the Court of Milan has ruled, amongst others, on the objection of being statute-barred raised by a company in connection with the request of salary differences of some employees. In particular, the judge of first instance stated that, effective as of 18 July 2012 (date ....

With its judgment No. 203 of 11 January 2016, the Court of Cassation has stated that the 30-day term, provided for under paragraph 5, of article 18 of Law No. 300/1970, to exercise the option right aimed at obtaining the 15 monthly salaries in lieu of the reinstatement in the job, in case of a ....

With its judgment No. 21 of 4 January 2016, the Court of Cassation has stated that the so-called omitted ruling flaw shall be triggered for the judge, also the court of appeal judge, who declares unlawful a dismissal served for cause without the court first checking the feasibility of turning it into a dismissal for ....

The employment presumption, introduced by article 2 of Legislative Decree No. 81/2015, does not apply to the collaborations (i) for which the collective bargaining agreements foresee specific rules; (ii) rendered in practising a profession for which it is necessary to be entered in a specific Roll, as well as (iii) rendered by directors and members ....