DLP Insights

Over six and a half million of employees use internet during working hours for non-working purposes. Every month, each employee sets to navigation around 38 hours which is equal to, more or less, a week of work.

The Cassation Court has clarified that an out of court confession made by an employee subject to a disciplinary measure is legal and cannot be revoked unless the self-confessed employee demonstrates that it has been determined by a mistake of fact or violence.

The Court of Cassation has recognised the legality of dismissing an employee who provides legal assistance to third parties in legal proceedings against his employer.

The Court of Cassation has clarified that, in terms of accidents due to an on the job cause, the employee who asks the court for equitable damages has the onus of precisely proving the facts resulting in such right, demonstrating that the claimed injury is the result of the concrete procedures for performing the duties related to the held position, variable in relation to the work site, shift and work environment.

The Cassation has established that a partner in a partnership may also assume the role of employee as long as: a) the contribution of work is not supplied for the purposes of partner contribution and, b) the work relationship has the nature of employment, that it entails the requirement subjecting the worker to management, organisational ....