DLP Insights

The labour section of Milan Court, with decision of November 14, 2012, has stated that the new Article 18 of Law No. 300/1970 (so called “Statuto dei Lavoratori”) is not applicable to the dismissals ordered before the date of entry into force of Law No. 92/2012 (so called “Fornero Reform”), i.e. before July 18, 2012, although the litigation started after that date.

The Court of cassation, labour section, with sentence no. 18921/12, stated that the employer who does not adopt the necessary measures for health protection on the work places is considered to be unfulfilling with respect to the employee.

The new anti-corruption law, approved by Parliament at the end of October, provides that corruption between private persons and undue induction to give or promise utilities are the new crimes that can cause the companies liability in the absence of appropriate organizational model pursuant to Legislative Decree No. 231/2001, imposing, as a consequence, a significant revision of already existing organizational models.

Court of Cassation, with the sentence no. 44824 of November 15, stated a new principle based on which the company, even in case of bankruptcy, is subject to the sanctions provided by Legislative Decree no. 231/01. Companies already went bankrupt, that have been accused for administrative liability of the entities, are subject to the payment of the sanctions set by Legislative Decree no. 231/01.

Court of Cassation, labor section, with the sentence no.18927/12, published on November 5, stated that, even if the mobbing claimed by the employee does not exist, the possibility that the employer could be sentenced to pay damages in favor of the employee for single oppressive behaviors, ascertained during the proceeding, cannot be excluded at all, though there is no uniqueness of the persecutory plan against the employee.