Insights

As of 14 November 2018, the scenario of possible consequences in the event of unlawful dismissal of an employee hired in the era of the Jobs Act has radically changed. On that date, in fact, the reasons were published in the Official Gazette for ruling no. 194/2018, with which the Constitutional Court declared the constitutional ....

On 15 May 2019, by order no. 13025, The Supreme Court returned to deal with the right of the judgment of first instance established pursuant to Article 1 (51) Law no. 92/2012 (“Fornero’s Law”) to be recognized in the second phase (so-called opposition phase). The Court of Cassation has observed that the opposition phase must ....

The sustainable approach to investments is increasingly the benchmark for virtuous entrepreneurs, who place sustainability issues at the center of their entrepreneurial decisions. This is also increasingly the case in relation to the management of their own staff. An indication of this has also come from the Excellence & Innovation HR Award, the prize for ....

With order no. 10043 of 10 April 2019, the Italian Court of Cassation again ruled on the requirements that need to be met for a series of actions taken by an employer to constitute mobbing, in the case reported by a manager who had declared himself to have been the victim of behaviour presented as ....

In its recent judgement no. 285 dated 1 February 2019, the Court of Milan ruled on the legitimacy of an employer’s conduct in requiring a candidate to submit a certificate of pending proceedings and whether the candidate must comply with the request. The case originates from the disciplinary proceedings initiated against a worker for not ....

By 6 July 2019, Italy will have to adopt Directive (EU) 2017/1371 (the “PIF Directive”) on the fight against fraud to the Union’s financial interests and approved on 5 July 2017 by the Parliament and European Council. Upon its adoption, VAT fraud will fall in the list of offences established by Legislative Decree 231/01. According ....

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 ....