Insights

Categories: Case Law

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date unlawful, even if said contract is withdrawn from its trade association (in this specific case, Confindustria). Facts of the case The District Court had partially reformed the ....

Categories: Legislation

On 7 October 2019, the European Council adopted the Directive on the “Protection of individuals who report breaches of EU law“ (known as whistleblowers), i.e. those within the territory of the European Union who report misconduct of which they have become aware in the workplace. Member States of the Union have two years from the ....

Categories: Case Law

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated 12 September 1983. It specifically stated that the justified ground for exempting an employee who is ill from the obligation to be available for a home check-up ....

Categories: Do you know that

At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of employment and for the resolution of corporate crises (the so-called business and corporate crises decree). With specific reference to riders working with digital platforms, the application of ....

Categories: Publications

The Court of Appeal, by ruling 26029 dated 15 October 2019, reconfirmed that the dismissal of a compulsorily employed employee must be considered voidable in the context of a collective staff reduction procedure if, at the time of the termination of the employment contract, the number of remaining compulsorily employed employees is less than the ....