Publications

In the case of dismissal for objective reasons, the repêchage obligation may be limited by the fact that the dismissed person does not have the professional skills to perform the other job, even if it is of a lower level. However, this must be demonstrated by facts that are objectively established and proven by the ....

  With Order no. 26697 of 21 September 2023, the Italian Court of Cassation ruled that an employer can deny holidays requested by a worker to avoid exceeding the limit of the job retention period only in the event that there are actual and genuine obstacles. The worker’s illness and the job retention period Under ....

1. DIGITAL REVOLUTION AND LAW The emergence of technologies using artificial intelligence systems has ushered in a new round of debates on the key ethical, social and legal issues surrounding the use of such technologies and their consequences. Modern technologies – with their increasing impact on society and customs – pose the issue of devising ....

Failure to comply with the time limits laid down in the Italian national collective bargaining agreement for the notice of the letter of dismissal constitutes a procedural breach resulting in the application of the indemnification penalty under Article 18(6). The Italian Court of Cassation, with the recent judgment No. 10802 of 21 April 2023, once ....

The Court of Cassation, in its recent Order No 3361 of 3 February 2023, reiterated its consistent approach concerning the allocation of the burden of proof in anti-discrimination judgments, specifying that the allocation criteria do not follow the ordinary criteria of Article 2729 of the Italian Civil Code, but rather the special ones that establish ....

In its order no.88 of 3 January 2023, the Supreme Court of Cassation explained the delicateseparation between just cause and justifiability in manager dismissals. The Supreme Court held that for the justifiability of the manager’s dismissal to exist, it is sufficient to prove two of the six disciplinary charges originally contested against the manager. The ....

The Italian Court of Cassation, in judgment No 31150 of 21 October 2022, in line with its own precedents, clarified that the prior display of the disciplinary code is not necessary for the validity of the disciplinary dismissal of an employee for performing personal activities during working hours, leaving his workstation without permission and using ....

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat Covid 19 – Decree Law no. 18/2020 and Decree Law no. 104/2020 – Dismissal prohibition for objective justified reason – Manager – Dismissal for position redundancy – ....

The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies, occasional service contracts and temporary employment. New obligations for employers and principals with the Transparency Directive, 2019/1152. The changes in the draft legislative decree were approved by ....

The Court of Cassation, in ruling no. 20560 published on 19 July 2021 confirmed the facts subject of a plea bargain in a criminal case must be established (with the effect of res judicata) to any pending civil proceedings concerning the same findings. The Supreme Court’s ruling stems from the lawful dismissal for misconduct by ....

With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two non-vaccinated healthcare operators was lawful.  The case arose from the refusal of two physiotherapists working in a nursing home to vaccinate against Covid-19, with the employer’s ensuing ....

With the recent ruling no. 15118 of 31 May 2021, the Court of Cassation ruled that the initiation of multiple individual dismissal procedures for objective justified reasons under Article 7 of Law 604/66 does not count when calculating the minimum number of five dismissals required to open collective dismissal procedures. The ruling stems from the ....

Comprehensive reform to be carried out using the ordinary wages guarantee (redundancy) Fund (CIG) as a model. The last year saw the introduction of “extraordinary” income support tools, in terms of the financial resources allocated and also in terms of the type of and procedures for availing of social security cushions during employment. The Decree ....

On 21 January, the European Parliament approved the resolution containing recommendations to the Commission on the right to disconnection (2019/2181(INL). This term means – as specified by the Parliament – the “right of workers not to engage in work-related tasks or communications outside working hours by means of digital media, such as phone calls, emails ....

The Court of Rome, with its recent ruling no. 5961 of 21 January 2021, addresses the limits and conditions for the use of remote working. In the current emergency framework, access to remote working has been made flexible for the majority of workers. This included a significant reduction in the number of formal procedures. In ....

The COVID-19 emergency has awakened interest in remote or agile working, with the aim of limiting the spread of the virus and ensuring business continuity,. In the emergency phase a simplified mode of remote working has been introduced: until the end of the epidemiological state of emergency, the remote working may be activated even in ....

With the recent decision no. 1170 of 17 June, the Court of Cassation has provided interesting clarifications on the fourth paragraph of Article 18 of Law no. 300/70 (so called “Statuto dei Lavoratori”), a provision which – as is well known – provides for the reinstatement of an employee unlawfully dismissed if the claimed fact ....

The fragmented regulatory framework is creating long delays and difficulties for multi-localized companies in accessing the derogated social shock absorbers (in Italian “Cassa integrazione Guadagni in deroga”, CIGD). The regulatory framework imposes on these companies conditions that are incomprehensibly more restrictive and procedures more complex for access to social shock absorbers than, for example, for ....

The provision included in article 42, paragraph 2, of the “Cura Italia” Decree (Legislative Decree No. 18/2020) states that the Coronavirus infection contracted in the workplace is treated as an accident at work. This qualification opens the way to profiles of relevance, in term of responsibility, of the conduct attributable to the employer for non-compliance ....

The fragmented and often cryptic regulatory framework of reference is creating long delays and operational difficulties in accessing the redundancy fund in derogation. Let us take stock. Law provisions, ministerial decrees, circulars and framework agreements have regulated in a not always consistent way the concrete modalities of access to the redundancy fund in derogation in ....