Insights

The Court of Cassation with ruling No. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings pursuant to art. 7 of the Law No. 300/1970. The judges of the Court of Cassation, in fact, returned to explore the heavy and controversial matter of ....

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee had filed a law suite against the dismissal ordered by the company due to closing down of the department where he worked, stating that the dismissal was ....

Too much protection and rigid obligations. The Dignity Decree is an insidious and difficult law to apply. In the opinion of attorney Vittorio De Luca, Managing Partner of the Law Firm De Luca & Partners, specialised in labour law, “now more than ever, businesses must pay significant attention to the reasons that legitimate the use ....

The Court of Cassation, with judgement No. 19732 dated 25 July 2018, confirmed that in the case of dismissal for justified objective reasons, the selection of the employee, or employees, to be dismissed is not fully at the discretion of the employer. In fact, it is limited, in addition by the prohibition to discriminate, by ....

The Court of Cassation, with judgement No. 17248 dated 2 July 2018, faced the matter of the protection of employees when in the presence of a series of fixed-term contracts. In particular, according to the Court of Cassation, the indemnity ranging from 2.5 to 12 monthly salaries from the last global remuneration as part art. ....

The Court of Cassation, with judgement No. 17514 dated 4 July 2018, deemed justified the disciplinary dismissal ordered to a bus driver of a private rental company who, during a long period of absence from work for an ongoing injury, was found to be working for a car parking facility. On the same date, on ....

The “battle” on the type of employment relationship of the so-called riders in the age of the gig economy continues. A few months after the judgement issued by the Court of Turin ruling that the six riders of Foodora could not be deemed employees of the company, the Court of Milan ruled on 4 July ....

The Court of Cassation, with judgement dated 25 June 2018 No. 16702, issued a new ruling on the dismissal for justified objective reasons and related penalty consequences. In particular, the Court of Cassation noted that the negative trend of a company represents a factual requirement that the employer must necessarily prove and the judge accept. ....