DLP Insights

On 20th February next, it will come in to force the rules contained in the Legislative Decree no. 5/2010 implementing the EU Directive no. 54/2006 concerning equal of opportunities and treatment between women and men at work.

The Court of Cassation has specified that the term of five days as from notification of the charge - whereby prior to expiry thereof it shall not be possible to inflict the relevant disciplinary sanction - solely depends on the need to protect the accused; failing any documental data, it needs be excluded that the provision was also inspired in the intention to allow the employer to effectively consider the measure to be taken and a possible change of mind.

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The Finance Act for 2010 has been finally approved. The so-called ‘Welfare Package’ has brought about many changes.