DID YOU KNOW THAT… assisted negotiation was extended to labour disputes?
Legislative Decree no. 149, of 10 October 2022, by inserting Article 2-ter to the Decree Law no. 132, of 12 September 2014, introduced assisted negotiation in labour disputes…
Insights
Aiuti-ter, more restrictions on large companies, the aim is to protect employment (Affari & Finanza 24 October 2022 – Vittorio De Luca)
The outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a…
Accident at work, rebuttable presumption for the virus contracted at work (Guida al lavoro of Il Sole 24 Ore, 21 October 2022 – Alberto De Luca, Luca Cairoli)
Contracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions…
A written dismissal notice cannot be proved by witnesses (Modulo24 Contenzioso Lavoro of Il Sole 24 Ore, 11 October 2022 – Vittorio De Luca, Marco Giangrande)
A disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack…
Dismissal for exceeding the protected period declared null and void: reinstatement for companies under 15 employees (Norme & Tributi Plus Diritto of Il Sole 24 Ore, 7 October 2022 – Alberto De Luca, Claudia Cerbone)
The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding…
Personnel report by 14 October (Il Quotidiano del Lavoro of Il Sole 24 Ore, 6 October 2022 – Vittorio De Luca, Stefania Raviele)
The 14 October deadline requires companies with more than 50 employees to submit the two-year personnel report for 2020-2021, governed by Article 46 of Legislative Decree 198/2006. This…
Unilateral termination of an enterprise bargaining agreement is anti-union (Newsletter Norme & Tributi n. 162 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)
By an order of 25 April 2022, the Court of Bologna held that the early termination by the employer, effective immediately, of the financial aspects of an enterprise…
The definition of worker for safety purposes according to the Court of Cassation
The Court of Cassation, IV criminal section, in its ruling no. 23809 of 21 June 2022, clarified the definition of “worker” for workplace health and safety purposes. Facts…
The employer can challenge the assessment notice issued by the Labour Inspectorate for pecuniary claims
The assessment notice issued by the Labour Inspectorate, if not opposed or confirmed by the Regional Committee, is an administrative act, which can become an enforcement order without…
Court of Cassation ruling no. 26246/2022: the statute of limitations for claims runs from the employment termination
In ruling no. 26246 of 6 September 2022, the Court of Cassation resolved the legal contrast about the statute of limitations start date for employee claims in companies…