Precautionary appeal blocks the prescriptive time period
The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive…
Case Law
Failure to take the measures provided for under the GDPR is comparable to the “fault on the organisation’s side” under Legislative Decree No. 231/2001
The Court of Cassation, with order No. 18292 issued on 3 September 2020, has pointed out that failure to arrange the relevant technical and organisational measures safeguarding the…
Unused holidays: right to the payment of the relevant allowance
The Court of Cassation, with order No. 13613/2020, has ruled that the employer is under an obligation to pay to the chief physician the unused holidays unless the…
The employer can unilaterally interrupt the payment of meal vouchers
With order no. 16135 of 28 July 2020, The Court of Cassation stated that meal vouchers were not remunerative and that their issue may be unilaterally interrupted by…
“Mitigated” reinstatement protection if there is no objective reason for dismissal
The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the "mitigated" reinstatement protection (with employment re-establishment and…
Unlawful company transfer and “double remuneration”
The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company…
Court of Justice of the European Union – 16 July 2020 Ruling – Case C-658/18
The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered…
Covid-19 Committee in each single local unit: breaching the health and safety protocols constitutes an anti-union behaviour
With an order dated 1 July 2020, the Court of Treviso has stressed that the setting up of the internal Committee pursuant to article 13 of the Shared…
Remote working: also for parents with children younger than 14 years old the right is not unconditional
Within the scope of urgent preliminary ruling procedures, the Court of Mantua, with order No. 1054 of 26 June 2020, ruled for the very first time on the…
Within the scope of private-law agreements, the principle of ensuring equality of pay and/or of classification to all employees fulfilling the same duties does not exist
With judgment dated 17 July 2020, the Court of Florence has ruled that “article 36 of the Constitution limits itself to establish the principle of sufficiency and adequacy…