Collective redundancies: reinstatement is initiated in case of defective communication
In ruling no. 9800 of 25 March 2022, the Court of Cassation ruled that - if the notice referred to in Art. 4, paragraph 9, Law no. 223/1991…
Insights
Dismissal of the unitary union representative body (RSU) delegate without authorisation constitutes anti-union conduct
The Court of Santa Maria Capua Vetere, by decree under art. 28, Law no. 300/1970, of 24 February 2022, stated that the dismissal of a trade union delegate,…
DID YOU KNOW THAT… The European Commission and the US reached a framework agreement on the transfer of personal data?
On 25 March, the European Commission and the United States of America announced that they had reached a new framework agreement on the cross-border transfer of personal data…
Ministry of Labour: published the circular containing the operating guidelines to access wage supplements under an employment relationship
In its circular of 18 March 2022, the Ministry of Labour provided operating guidelines relating to the changes made by Decree Law no. 4 of 27 January 2022,…
Exceeding the protected period and unchangeability of the dismissal notice
In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “'by summation” requires specification of…
Legislative reform on social safety nets during employment
In circular no. 6/2022, the Ministry of Labour, provided some guidelines on the changes made by Decree Law. no. 4 of 27 January 2022 ( Decreto Sostegni ter…
Oral dismissal is invalid but must be proved by the employee, who may otherwise be deemed to have resigned (Il Quotidiano del lavoro – Il Sole 24 Ore, 5 April 2022 – Alberto De Luca, Raffaele Di Vuolo)
In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on…
Business transfer: RSA does not automatically lapse (Newsletter Norme & Tributi n. 158 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)
In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity…
Dismissal for just cause: disciplinary notice
In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have…
Waiver of right to appeal against dismissal: right available
With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship…