In the absence of a res litigiosa (dispute) conciliation statement may be challenged
The Court of Milan, in judgment No 2652 of 11 November 2022, returned to the issue of the appealability of conciliation statements, ruling that in the absence of…
Insights
Budget Law 2023
The Italian Budget Law 2023 (Italian Law No 197/2022) was published in the Official Journal (Gazzetta Ufficiale) on 29 December 2022 and comes into force on 1 January…
Certification of gender equality: the Italian Ministry of Labour establishes the criteria and procedures for granting tax exemption
With the press release of 28 November, the Italian Ministry of Labour and Social Policy publicised the ministerial decree of 20 October 2022 which defines the criteria and…
DID YOU KNOW THAT… The transposition of the (EU) Whistleblowing Directive will lead to new employer obligations?
In a press release dated 9 December 2022, the Italian Council of Ministers announced the approval of the draft Italian legislative decree transposing Directive (EU) 2019/1937 on the…
Excessive morbidity, discriminatory and retaliatory dismissal where the protected period has not been exceeded (Norme e Tributi Plus Lavoro, 23 December 2022 – Enrico De Luca, Raffaele Di Vuolo)
In the event of repeated absences – which have not exceeded the limit of the protected period – the onus is on the employer to prove the additional…
Assisted negotiation extended to employment disputes (Mag de Legalcommunity, 21 December – Alberto De Luca, Luca Cairoli)
The Reform of the Civil Proceedings, (Italian Legislative Decree No 149 of 10 October 2022) will extend, with effect from 30 June 2023, the ‘assisted negotiation’ procedure to…
Business transfer: agreement with the Unions can derogate from statutory working conditions (Newsletter Norme & Tributi n. 164 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)
By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business - or parts thereof -…
Italian Court of Cassation: work clothes that act as a protective barrier are PPE
The Italian Court of Cassation, with order of 11 October 2022, No 29720, confirmed that ‘any equipment, ancillary or accessory which could actually constitute a protective barrier, however…
A late medical certificate justifies absence
The Italian Court of Cassation, with judgment No 33134 of 10 November 2022, established that there is no unjustified absence if a worker delivers the medical certificate of…
Straining occurs when the harassment is not continuous and there is no malicious intent on the part of the employer
With order No 32020/2022, published on 28 October 2022, the Italian Court of Cassation, IV civil section, expressed its opinion on the distinctive features that differentiate straining from…