Commentaires et outils issus de l’expérience de De Luca & Partners
Catégories: Legislation
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.
Catégories: Legislation
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.
Catégories: Case Law
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.
Catégories: Legislation
INPS, by publication on its web site, has announced that requests necessary in order to obtain the bonuses for the stabilization of employment relationships, as provided for by the Ministerial Decree of October 5, 2012, have already reached the maximum amount placed at disposal of employers, equal to EUR 232,108,953.00.
Catégories: Case Law
Court of Cassation, with the sentence no. 16375/2012, stated the lawfulness of the dismissal of an employee who works, even just for one day, during sickness leave, though in our legislation a prohibition to work during this period, also in favor of a third party, does not exist. In fact, the possible dismissal is lawful when the behavior of the employee is in breach of the general rules of correctness and good faith and to the contractual obligations of diligence and faithfulness.
