Insights

With its ruling no. 14106/2015, the Court of Cassation declared a dismissal of an employee for just cause wrongful due to a late letter of admonition. In the case in question, a disciplinary proceeding was started in April 2010 against the worker, who was arrested in January 2009 for events not related to his employment.

The Milan Court, Labour Section, with the ruling no. 862/2015, rejected the appeal submitted by a former employee of a Company we represent, who had applied to the aforesaid judge in order to obtain, inter alia, salary differences resulting from (i) recognition of a period of irregular work; (ii) recognition of a higher employment category; ....

The Court of Cassation once again rules on the legitimacy of a second dismissal notified by the employer on the same employee while a challenge...

The reforms in recent years that have involved...

The so-called “Code of contracts”, contained in Italian Legislative Decree no. 81 which became effective 25 June 2015, dedicates the entire 5th section to the outsourcing of work, which has been reinforced in a context of a complete revision of the previous laws as per the Biagi Decree (Legislative Decree 276/2003). With the specific reference to the outsourcing of short-term work, the delegated legislator, on one hand has confirmed the “acausal nature” of the same without time limits (unlike the 36 months established for a short-term contract) and at the same time has introduced new bans. With this Reform, the user no longer has the option to use this type of work or layoffs or redundancy benefits in the event of a company crisis, which were all allowed previously.