The Constitutional Court ruled unlawful article 3, comma 1 of the so called “Job Acts” Legislative Decree concerning the growing protection given to the employment with regard to the issue that strictly determines the allowance due for unjustified dismissal.
On 12th June 2018 the European Court of Justice (CJEU) declared in favor of the validity of Christian Louboutin red soles trademark (Case C-163/16). The decision was reached after years of litigation between Louboutin and the Dutch footwear company Van Haren. The case will continue before the Dutch Courts
For the judges of the Supreme Court also the slowness at work, where unjustified, is indicative of voluntary negligence of the worker who, if manifested in a continuous manner, becomes punishable with the termination of the working relationship. With this, by establishing that there is a minimum of productivity under which work is no longer such. In these cases, the employer can fire the employee.
By the new Law no. 62/2018 the Government has implemented the Directive no. 2302/2015 of European Parliament, aimed at regulating the rules concerning tourist packages and the relevant services. Especially, this legislative decree, meeting the needs at European stage, implies a ruling contribution required by the market concerning tourism, which has been lately run over by deep changes that have highlighted the necessity of new rules and of preservation regarding information obligations, professional responsability and travellers protection in case of tour operators insolvencies.
The c.d. “Decree of dignity” that when intervening on some particularly topical issues provides more stringent rules on work to limit the use of fixed-term contracts that can not last more than two years and must be justified after the first 12 months and redundancies without just cause increasing by 50% the indemnity that goes from a minimum of 6 months to a maximum of 36.
The Court of Cassation establishes that the employee who transfers data belonging to the company to a personal pen drive without the necessary authorization from his employer, even if referring to his activity and not protected by a password, engages in serious behavior such as legitimizing his dismissal for just cause without notice.