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…
Insights
Individual dismissal on the same grounds as collective dismissal is null and void for fraudulent conduct
With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those…
Covid Decree: initial instructions following the end of the state of emergency
On 17 March, the Council of Ministers approved a new Decree Law on “Urgent measures to counter the spread of the COVID-19 epidemic, following the end of the…
DID YOU KNOW THAT … until 30 April can workers access workplaces with the basic green pass?
Until 30 April 2022, to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector (including employees over 50, without prejudice to the vaccination obligation…
Dismissal and groundlessness of facts (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 28 March, Vittorio De Luca)
Disciplinary dismissal and groundlessness of the contested fact considering case law following the amendment of Art. 18 of the Workers’ Statute by the "Fornero Law", and the entry…
National Collective Labour Agreement for metalworkers – violation of the prior information obligation is anti-union conduct (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 21 March 2022 – Alberto De Luca, Stefania Raviele)
During proceedings for anti-union conduct under Art. 28, Law no. 300/1970 brought by the FIOM CGIL against the Italian branch of a multinational group as part of a…
“Italian Employment and Labour Law” (edited by De Luca & Partners and published by Wolters Kluwer)
Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by…
INPS: new instructions on the “Greenpass50+” service
With its message no. 721 of 14 February 2022, Inps has provided instructions and clarifications about the "Greenpass50+" service features to verify the possession and validity of the…
Threat of dismissal constitutes extortion
With its ruling no. 3724/2022, filed on 2 February, the Court of Cassation held that an employer who “warns” staff that they may lose their job to force…
Termination for managers sending angry emails to senior management is legitimate
With its order no. 2246 of 26 January 2022, the Court of Cassation ruled that a manager who sent an angry email to the company's top management engaged…