DLP Insights

The “new” 2103 of the Italian Civil Code: Stricter repêchage obligation

27 Mar 2017

The Court of Milan, with judgement No. 3370, filed on 16 December 2016, has stated that the employer, in case of dismissal for financial reasons, in verifying whether to assign the employee to other tasks within the company (the so called repêchage obligation) cannot limit itself to tasks equivalent to the ones performed by the extra worker, but must consider all the tasks that can fall within the same legal job level and category. This because the amendments to article 2103 of the Italian Civil Code introduced by the Jobs Act, led to overcome the notion of equivalence of tasks that represented in the past the binding parameter on whose basis the employer assigned new tasks to its employees. Therefore, if on the one hand the “new” wording of article 2013 of the Italian Civil Code made more flexible the organization of work for the company, on the other hand it has introduced stricter obligations in the verification of “repêchage”.

Italian Court of Cassation: second dismissal lawful pending judgment on the first

30 Jan 2024

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....

Liability under Italian Legislative Decree no. 231/2001: obtaining minimal advantage does not exempt the employer

29 Dec 2023

With judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....

Dismissal to reduce costs: what does the employer need to prove?

29 Dec 2023

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....

Italian Court of Cassation: assessment of CCNL job descriptions essential for repêchage (obligation to relocate)

28 Nov 2023

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....