DLP Insights

Categories: Case Law

On 18 May 2023, the Italian Court of Cassation, criminal division, judgment no. 21153,ruled that ‘risk assessment is a specific function of the employer, which cannot be delegated even through delegating functions to another person and any failure by the RSPP to cooperate in the drafting of the Risk Assessment Document (Documento di Valutazione dei ....

Categories: Case Law

The Italian Court of Cassation, in its recent judgment no. 10802 of 21 April 2023, ruled once again on the timeliness of the communication of the dismissal, ruling that breach of the deadline established by the collective bargaining agreement for the adoption of the final provision of the disciplinary procedure may constitute a breach of ....

Categories: Case Law

Despite the failure to challenge previous agreements and the loss of the worker’s ability to challenge these agreements, exceeding the maximum limits permitted for fixed-term contracts can render the employment relationship invalid. This was established by the Italian Court of Cassation in judgment no. 15226/2023 of 30 May 2023, based on a well-established interpretation and ....

Categories: Legislation

Last May, Directive 2023/970 of the European Parliament and of the Council was published in the Official Journal of the European Union. The Directive entered into force on 6 June 2023 and Member States will have to implement the provisions contained therein by 7 June 2026, failing which the infringement procedure may be started against ....

Categories: Publications

Worker’s recidivism also taken into account for purposes of correct legal classification of conduct within context of just cause for dismissal. The Italian Court of Cassation, Employment Division, with judgment no. 15140 of 30 May 2023, returned to deal with the dismissal for just cause of a worker on a fixed-term contract for repeated negligence in ....