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Employment Law: important recent rulings by the Court of Cassation.

The Court of Cassation states the following principles:
1) The mere termination of the job performances is not sufficient to prove the dismissal but it is necessary that, even if orally communicated to the employee, the latter has to prove it.
2) If the fact challenged to the employee falls within the practice tolerated by the employer, the disciplinary dismissal must be considered unlawful due to lack of proportionality.
3) The judge can base his conviction on the existence of a just cause of dismissal also on evidences which derive from investigations carried out in criminal procedures.
4) An employee can ask the employer to have access to all his personal data, including those not having an objective nature, contained in documents that lead to business decisions.
5) In lack of social security provision according to Article 10 of Insurance Law on compulsory insurance in the workplace, there is no insurance coverage, therefore civil liability for accidents at work falls on employer.

Insurance – EIOPA – Supervisory committees authorities in terms of insurance distribution.

On October 10th 2018 was published the Decision n. BoS/18 – 340 issued on September 28th 2018 by the European Insurance and Occupational Pension Authority Supervisors Board which, among other things, deals on European Union scale with the coordination of single states Supervisory Authorities in the insurance sector.
The decisions provides significant clarifications on the activities which can be performed by the insurance mediators pursuing their business on freedom of providing services regime, contributing in defining the differences between such freedom and the freedom of establishment granted to the insurance mediators.