Privacy
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Legitimate dismissal with non-finalised criminal conviction

Withdrawal of employment by the employer is possible even in relation to criminal acts unrelated to work activity.The Court of Cassation has recently ruled the legitimacy of dismissal for just cause of workers who have been convicted in criminal proceedings for criminal behaviour unrelated to work, but such as to create doubts about the reliability […]

Italian Confidentiality and European Privacy: finally co-ordinated.

Legislative Decree 101/2018, which co-ordinates Italian regulations with the GDPR, in force since 19th SeptemberOn 19th September, the Legislative Decree no. 101 of 10th August 2018 came into force, which finally co-ordinates Italian privacy regulations with those introduced by GDPR 2016/679, which is the General Data Protection Regulation of the European Union.Starting from this date, […]

Dismissals: increasing the discretion of the judges

The compensation parameter will no longer only correlate with seniority“The Constitutional Court has declared as illegitimate Article 3, paragraph 1, of Legislative Decree n.23/2015 on permanent employment contracts with increasing protections, in the part – not amended by the subsequent Decree Law n.87 / 2018, the so-called “”Dignity Decree”” – which dictates the indemnity due […]

The Menichetti Law Firm, finalist at the Legalcommunity Labour Awards 2018.

The Menichetti Law Firm has been chosen as a finalist for the Legalcommunity Labour Awards of 2018.The aim of the Legalcommunity Awards is to shine light on the market excellencies in the labour lawyer sector, and the world of human resource management.The Firm made the finals of the following categories indicated below:– Firm of the […]

Privacy at the time of the new european regulation Gdpr: the Vademecum of the Studio Legale Menichetti.

The new European Community Regulation on the processing of personal data (General Data Protection Regulation, abbreviated GDPR, EU Regulation 2016/679) will come into effect from May 25th, 2018, without the need for national standards which transpose it, and will replace the Code of Privacy (Legislative Decree no. 196/2003) previously in force.GENERAL PRINCIPALSAccountabilityThe new regulation is […]

What they say about us …

Photos from the Le Fonti Awards night of May 31st, 2018 were published in the newspaper “Il Sole 24 Ore”” 19/09/2018, and in the supplement to the Repubblica &ldquo

Menichetti Law Firm: In Madrid for the 3rd ELLEX International Congress “Digital Security, Rights and Liberties”

On the 26th and 27th of October, at the Cremades & Calvo-Sotelo Abogados, the 3rd International Congress of Euro Latam Lex International Law firm Network (ELLEX), was held, entitled “Digital Security, Rights and Liberties”.ELLEX (whose co-chair is Benita Ferrero-Waldner, former Foreign Minister of Austria and European Commissioner) is an international organization of independent lawyers, whose […]

Legitimate dismissal of employee who offends colleagues and employer via e-mail

The Court of Appeal, with sentence no. 26682 of 2016, has established that the employee’s conduct constitutes a serious denial of employment relationship trust. The employee, which in numerous emails sent from the company account, used vulgar statements regarding the legal representative and other collaborators, with accusations of incompetence and impropriety with the use of […]

Disciplinary dismissal: it is (almost) never too late

The invocation of the violation of the principle of immediacy in disciplinary disputes is increasingly popular among the lawyers of workers dismissed for disciplinary reasons, who in this way are hopeful of obtaining the reinstatement in service that, following recent legislative reforms, is no longer the only remedy for an illegitimate withdrawal of employment by […]