Insights

Il datore di lavoro, nell'ambito di un equo contemperamento tra il proprio interesse ad avere un'organizzazione efficiente e produttiva e l'interesse del lavoratore alla propria libertà...

Dans son arrêt no 9635 du 11 mai 2016, la Cour de cassation a affirmé que la notion d’insubordination ne peut pas être limitée au refus d’obtempérer aux dispositions décidées par l’employeur, mais s’étend à tout comportement susceptible de porter préjudice à l’organisation de l’entreprise. Or, selon la Cour suprême, l’insulte adressée au supérieur hiérarchique, ....

By way of judgment No. 7558 of 15 April 2016 the Court of Cassation has set forth an important principle on the distribution of the burden of proof on dismissals. The matter flows from a judgment of the Court of Appeal of Milan which, by partially reversing the first instance decision, has declared the dismissal ....

By way of order No. 246/2016, the third division of the Lombardy TAR faces the issue of the disciplinary significance of the opinion given by a civil servant in a social network, even if given as a private user. In the case at issue, a prison officer was suspended from service for a month for ....

By way of judgment No. 9467/2016 the Court of Cassation has stated that the dismissal for justified objective grounds is lawful if the employer gives “evidence as to both the fact that the dismissal may be specifically referred to initiatives related to actual productive and organisational reasons, and as to the impossibility to use the ....

By way of judgment No. 10069/2016 the Court of Cassation has stated the principle pursuant to which “the employer has the power, but not the obligation, to continuously and regularly control its own employees”. In the case at issue and by reversing the decisions of the judges ruling on the merits, the Court of Cassation ....

The draft legislative decree No. 296/2016 redefines the rules on cross-border posting, being an obstacle to the so-called “unlawful triangulation of staff”, often used by entrepreneurs to benefit from more advantageous contributory regimes. The draft decree, drawn up for the purposes of implementing EU Directive 67/2014 (the deadline for implementation is fixed on 18 June ....

Three decisions concerning the use of personal data were published in the Official Gazette of the EU last 4 May 2016. Namely, the new Regulation and two Directives, that is that concerning the processing of personal information during police and judicial activities, and that regarding the ‘Personal name record’ (i.e. the ‘Pnr’), that is the ....