Minutes of failed conciliation may contain formal notice of dismissal
By order no. 10734 of 22 April 2024, the Italian Court of Cassation ruled that, in the event of a failed conciliation attempt, as required under Article 7…
Insights
DID YOU KNOW THAT… non-compete agreement null and void if conditional on employer decisions affecting employment relationship?
A non-compete agreement which is conditional upon the preservation of the original duties introduces an element of vagueness that undermines the entire agreement. This principle was confirmed by…
Reinstated and compensated employee
An employee dismissed for drug trafficking has been reinstated and compensated. The drug related conviction occurred in the past and pre-dated the employment, when the company took over…
Part-time does not detract from quality
The quantity of work is not synonymous with the quality of the work. Therefore, if it is a question of comparing a part-time worker with a full-time worker…
Protected period (periodo di comporto) and indirect discrimination against the disabled: the Court of Ravenna refers the matter to the European Court of Justice (Modulo 24 Contenzioso Lavoro by Il Sole 24 Ore, 2 April 2024 – Vittoria De Luca, Alessandra Zilla)
With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment on the Italian legislation on the calculation of…
Conversion of the part-time contract into full-time due to concluding facts (Newsletter Norme & Tributi n. 176 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)
With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where…
Health and Safety: new licence for businesses and the self-employed
From 1 October 2024, businesses and self-employed workers operating on temporary or mobile construction sites, as defined by the Consolidated Safety Act (specifically, Article 89, paragraph 1, letter…
Italian Court of Cassation: worker who resigns not entitled to compensation in lieu of notice
In its recent Order no. 6782 of 14 March 2024, the Italian Court of Cassation affirmed the following principle of law: “in the case of a permanent employment…
Artificial Intelligence and Human Resources: what challenges should an HR Manager prepare for? (AIDP, 27 March 2024 – Stefania Raviele, Martina De Angeli)
In a context where technology is advancing rapidly, Artificial Intelligence (AI) is revolutionising the global work landscape, driving profound changes and opening up horizons that were previously unimaginable. …
DID YOU KNOW THAT… Italian Decree-Law PNRR-bis, in force from 2 March 2024, introduced important changes to the law relating to contracting-out?
Italian Decree-Law no. 19 of 2 March 2024 (‘DL PNRR-bis’), in force from that date, introduced important changes to the employment sector, particularly regarding contracting-out and employment agency…