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 Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence.

The Court of Cassation has established that the carrying out of private undertakings, guaranteed by article 41 of the Constitution, is not challengeable from a technical standpoint by the courts, but needs be carried out in compliance with the rights to work and health, with the consequence that the judge would not be breaching the ....

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.