Comments and tools from De Luca & Partners’ experience
Categories: Publications
In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew employment contract (entitled “Termination of contract”), which was the subject of the trade union’s action, is discriminatory. The clause in question ....
Categories: Practice
With note no. 1363 of 14 September 2021, the National Labour Inspectorate (“INL”) provided some clarifications concerning the amendments made by Decree Law no. 73/2021 ( “Decreto Sostegni bis“) to the regulation of the reasons for fixed-term contracts. New reason The “Decreto Sostegni bis“, as converted by Law no. 106/2021, supplemented the rules set out ....
Categories: Case Law
The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data can fire an employee who has repeatedly surfed on unsafe sites for private purposes and put internal security at risk. Facts of the case The worker employed ....
Categories: Case Law
The Supreme Court of Cassation, in its Order no. 21172/2021, established that a director’s waiver of remuneration may be expressed by their conclusive conduct that unequivocally reveals their intention to waive the relevant right. However, the waiving act must be inferred not from the mere failure to request compensation, whatever the reasons, but from external ....
Categories: Case Law
The Court of Cassation, with its ruling no. 24478 of 10 September 2021, declared the stability agreement attached to the agency contract null and void for evasion. The agreement required an excessively onerous penalty for breaches. This significantly affects and restricts the right of withdrawal of one of the parties. Facts of the case The ....