Manager does not take up his duties: penalty clause in letter of appointment is valid
In its recent judgment of 21 March 2023, the Court of Forlì confirmed the lawfulness of a penalty clause in a letter of employment if the worker does…
Insights
Italian Court of Cassation: Dismissal for poor performance, proof of significant breach of duty required
By Order of 6 April 2023, No 9453, the Italian Court of Cassation ruled on the subject of dismissal for poor performance. The Court clarified that this type…
DID YOU KNOW THAT… The INL has provided its operational guidelines for the issuance of authorisations under Article 4 of the Workers’ Charter?
The National Labour Inspectorate (Ispettorato Nazionale del Lavoro, ‘INL’), in note No 2572 of 14 April 2023, provided operational guidelines for the issuance of authorisations for video surveillance…
The issue of video cameras in the workplace (Wired, 28 April 2023 – Enrico De Luca)
An order of the Court of Cassation recognises that an employer may use security camera footage for disciplinary purposes Employers may use security camera footage for disciplinary purposes. This…
Deadline to apply for gender equality social security relief extended to 30 April
In its message no. 1269 of 3 April 2023, the INPS [Italy’s National Social Security Institute] extended the deadline for submitting the request for social security contribution exemption…
Collective dismissals: the conditions to limit them to certain corporate departments (Newsletter Norme & Tributi n. 168 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)
Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established…
Damages for demotion taxed if the nature of the compensation is not specified (Norme & Tributi Plus Diritto De Il Sole 24 Ore, 13 April 2023 – Alberto De Luca, Claudia Cerbone)
The applicability of an exemption regime requires the taxpayer to provide rigorous proof of fulfilment of all factual prerequisites giving rise to compensatory damages. The Court of Cassation,…
Wide-ranging whistleblowing protection (Italia Oggi Sette Affari Legali – 5 April 2023, Vittorio De Luca)
Protection also extends to shareholders, apprentices, the self-employed, and consultants. Wide-ranging whistleblowing protection. In addition to their current employees and collaborators, private sector companies must also provide protection…
Failure to hire apprentice who was also a mother and mitigated proof of discrimination (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 5 April 2023 – Vittorio De Luca, Alessandra Zilla)
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…
Dismissal of employees for poor performance. What is “poor performance”? (Newsletter Norme & Tributi no. 167 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)
Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a…