Insights

The Court of Cassation, with judgement No. 23408 filed on 06 October 2017, stated that there is no obligation for the employer when initiating disciplinary proceedings against one of its employee responsible for a breach to make available to him/her the corporate documentation on which the dispute is based. This is because, as part of ....

The Court of Cassation, with judgement No. 22295/2017, ruled that notification of dismissal of a worker sent by registered letter to the employee’s old address of residence is valid if he/she failed to communicate the change of residence within the terms referred in the National Collective Bargaining Agreement (CCNL). In this specific case, the employer, ....

The Court of Cassation, with judgement No. 23697, filed on 10 October 2017, confirmed the consolidated case law trend according to which a top manager, who, even if having the power of self-assigning the vacation period, does not exercise such power, is entitled only to a substitutive allowance for vacation days for the current year, ....

The Court of Cassation, with judgement No. 25147/2017, stated that dismissal of an employee who copies confidential corporate data on a personal pen drive, without the employer authorisation, is legitimate, even if this information is not disclosed to third parties.  This is because the violation of contractual duties also occurs when a particular conduct, even ....

Dismissal due to personnel reduction or dismissal for justified objective reasons exercised against a compulsorily employed worker, pursuant to Art. 10, paragraph 4, of Law No. 68/1999, can be voided if, at termination of the employment relationship, the mandatory quota pertaining to the remaining employed workforce is not met.

During the meeting held on 18 October 2017, the Senate approved with amendments, draft law No. 2208/2016, containing provisions for the protection of whistleblowers reporting offences or irregularities of which they became aware within a public or private employment relationship (the so-called whistleblowing). Concerning the private sector, the draft law establishes amendments to Legislative Decree ....

With judgment dated 5 September 2017, in the case Barbulescu vs. Romania (No. 61496/08), the Grande Chambre of the European Court of Human Rights reversed the previous ruling of the European Court of Human Rights dated 12 January 2016 on the matter of the right to privacy in correspondence, considering it, at the contrary, a ....

Vittorio De Luca during Italia Sotto Inchiesta (Rai Radio 1) was interviewed by Emanuela Falcetti on the Weinstein case and Italian regulatory framework. Click here and listen to the episode (from 17’10” minute).