DLP Insights

In the opinion of the Supervisory Authorities Members Association (Associazione dei componenti degli Organismi di Vigilanza - AODV), the Supervisory Authority (set forth under the Legislative Decree 231/01 regulating the administrative liability of the companies) should be set up as a collegial board, consisting of representatives with specific reputation requirements and open to the participation of internal professional figures.

The Italian Senate has definitively approved the so called “work related act” to the financial law.

On 20th February next, it will come in to force the rules contained in the Legislative Decree no. 5/2010 implementing the EU Directive no. 54/2006 concerning equal of opportunities and treatment between women and men at work.

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....