DLP Insights

Legislative Decree 231/2001 introduced for the first time into the Italian legal system the possibility for a corporation to be fined (monetarily and with disqualification penalties) when specific offences (predicate offences) are committed – to its own advantage or in its interest – by top managers or their subordinates. However, the Decree includes an exonerating ....

A serious threat made by an employee against his immediate superior constitutes a breach of the duties of cooperation, loyalty and subordination and sufficient grounds for dismissal for just cause. This is the principle of law confirmed on 3 December in the Court of Cassation judgement No. 31155/2018. The case analysed arose from the disciplinary ....

Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....

Almost a year on from the entry into force of Law 179/2017 on whistleblowing, the aim of which is to protect employees reporting offences or irregularities of which they became aware in connection with their work, the resolution of the National Anti-Corruption Authority (“ANAC”) no. 1033 of 30 October 2018 was published in the Official ....

Law no. 96 dated 9 August 2018, with amendments, converting Law Decree no. 87, dated 12 July 2018 (the so-called “Dignity Decree”), reintroduced in the Italian legislation the offence of fraudulent staff leasing. It is a type of offence that was originally included in Legislative Decree 276/2003 and later repealed by the Jobs Act. More ....