Comments and tools from De Luca & Partners’ experience
Categories: Publications
The Court of Cassation, by Ruling no. 18411 dated 9 July 2019, returned to analysing the delicate issue relating to the breach of the relationship of trust, following the abuse by the worker of the permits provided for by Law no. 104/1992. The case originates from the dismissal for just cause inflicted upon an employee ....
Categories: Publications
The Court of Cassation, with judgment 16998 on 25 June 2019, returned to analyse the judgment annulling the resignation in regards the salary arrears accrued in the period between the resignation annulment and the judgment itself. The case originates from legal proceedings to cancel a resignation brought about by a worker who claimed to have ....
Categories: Publications
The Criminal Division of the Court of Cassation, by judgment 18842/2019, referring to the case law of the Joint Divisions, has again ruled on the subject of administrative liability of entities. Specifically, the Court of Cassation has affirmed that it is the responsibility of the entity – once it has ascertained that certain offences have ....
Categories: Publications
The Court of Cassation, with judgement 14063 of 23 May 2019, returned to rule on the principle of proportionality between the expulsive sanction and the non-fulfilment, specifying that the judge cannot be exempt from the concrete assessment of proportionality between the fact disputed and the sanction adopted, even if the conduct is indicated in the ....
Categories: Publications
With the law 96/18 the offence of fraudulent supply of labour has been introduced. This offence is committed when there is a supply activity carried out with the specific purpose of circumventing mandatory rules of law or collective agreement applied to employees. The offence in question is punished with a fine of €20 for each ....