Publications

In its judgment 15465 of 3 June 2021, the Employment Chambers of the Court of Cassation ruled once again on the peculiarities of dismissal for just cause imposed on an employee carrying out other work during sick leave. In particular, a disciplinary dismissal was ordered against a civil servant who, following a personal accident and ....

Since the beginning of the pandemic, the strict restrictions on the possibility of concluding fixed-term contracts have been suspended for the obvious purpose of favouring employment (albeit fixed-term), which was severely damaged by the economic fallout of the epidemic. Indeed, as early as with the law converting Decree Law no. 18/2020 (so-called  Cura Italia), the ....

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....

With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art.  2 of Leg. Decree no. 81/2015. The judge did not hold the employer’s explicit reference to art.  28 above, sufficient for removing precautionary protection for companies that ....

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....