Insights

With sentence no. 15435 dated 26 July 2016, the Court of Cassation affirmed the principle according to which the evidence of discrimination provided by an employee may be circumstantial or based on presumption. In the case in point, a female employee was dismissed for not accepting transfer to a Point of Sale about 150 km ....

With sentence no. 14305/2016 the Court of Cassation confirmed the unlawfulness of dismissal for disciplinary reasons in the case of an employee dismissed during a dispute over the recognition by the employer of a revised job description involving additional duties. The employee in question took possession of documents useful for the case, sending them from ....

A few months after the online procedure for the notification of resignation and agreements to terminate employment came into effect, amendments are already being recommended. The Employment Committees of the Chamber of Deputies and the Senate have approved, with some observations, the proposal of Labor Consultants to introduce «corrective measures» to improve the new procedure ....

L’entrata in vigore, lo scorso 13 luglio, del decreto legislativo n. 116 ha riaperto il dibattito sul tema della tutela del lavoratore dipendente di una pubblica amministrazione.

The Court of Cassation with judgement No. 13455, filed on 30 June 2016, said the dismissal for prolonged absence imposed on a working mother for failing to comply with her employer’s order to resume service at a business unit located in a different municipality from the one where the woman worked at the time of ....

The Court of Cassation judgement No. 13676 of 5 July 2016, confirmed the principle of law already expressed by judgement No. 2550 of 10 February 2015, whereby for the purposes of the lawfulness of dismissal for just cause it is not necessary for the worker to have established expressly-prohibited conduct, but rather, it is sufficient ....

The Court of Cassation, with its judgement No. 13876 of 7 July 2016, said that any judge who – in the face of a petition from a claimant, which seeks, as a result of an unlawful dismissal, the sentencing of the employer to pay 6 times the final month’s actual global salary and, however, an ....

On 23 July 2016 Community Law No. 122/2016 came into force containing new rules on the management of personnel in the event of succession of procurement. The legislation replaces Article 29, paragraph 3, of Legislative Decree No. 276/2003, which excludes the applicability of the rules of transfer of a company in cases of a contractor ....