Insights

On 10 January 2019, the Council of the national register of chartered accountants (“Ordine dei Commercialisti”), together with the Italian banking association ABI (“Associazione Bancaria Italiana”), the Consiglio Nazionale Forense and Confindustria, published a document titled “Consolidated principles for defining organisational models and the tasks of the supervisory body and the prospects for a review ....

By way of judgment No. 4672 filed on 18 February 2019, the Court of Cassation has once again ruled on the lawfulness of dismissal for elimination of a job position when such position is reinstated a few months after the employer’s termination of the employment relationship. The case refers to an electronics engineer specialised in ....

The increase in disputes and the rising financial value of settlements, together with a scenario that has become more unstable and uncertain, could be discouraging employers from recruiting. For Vittorio De Luca, a managing partner at De Luca & Partners, these are some of the effects that could emerge from a recent ruling by the ....

The grounds of judgment no. 194/2018 – lodged on 9 November – were published in the Official Gazette no. 45 last 14 November 2018. In this judgment, the Constitutional Court ruled that Article 3 (1), Legislative Decree no. 23 of 4 March 2015, is constitutionally illegitimate, limitedly to the words “in the amount equal to ....

The Court of Cassation, with judgement No. 3186 of 4 February 2019, stated that dismissal based on a future corporate transfer (through merger) with consequent unification of departments, cannot be considered lawful, with the employee involved subject to the protections established by Article 18, paragraph 4, of the Law No. 300/1970 (the so-called attenuated reinstatement). ....

On 19 January, the Official Gazette published the “Regulation amending the Presidential Decree No. 178/2010 on the matter of the Do Not Call Registry concerning the use of snail mail” (Presidential Decree No. 149 dated 8 November 2018, hereinafter the “Regulation” or the “Presidential Decree”). The Do Not Call Registry (that is the registry where ....

The Italian Government with Legislative Decree No. 63/2018 (the “Decree“) implemented the EU Directive No. 2016/943 (the “Directive“) on the protection of the so-called “undisclosed know-how” and business information (trade secrets) against their unlawful acquisition, use and disclosure.   The Directive   The Directive falls in an economic-production context such as the current one, continuously ....

On 12 August 2018, the conversion law No. 96/2018 of Decree Law No. 87/2018 (the so-called Dignity Decree) came into force, which, among other things, reintroduced the crime of fraudulent staff-leasing with Article 38 bis of Legislative Decree No. 81/2015. Said offence – already provided for by the Biagi Law No. 276/2003 and then abrogated ....