Company transfer and demotion
The Court of Cassation, in its ruling of 20 May 2021, no. 13787 established that if a company transfer is declared illegitimate, liability for any resulting employee demotion…
Insights
Employee transfer is not mobbing (Il Quotidiano del lavoro de Il Sole 24 Ore, 24 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)
With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling…
Lawful suspension from work and pay of non-vaccinated healthcare operators (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 22 juin 2021 – Alberto De Luca, Alessandra Zilla)
With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two…
In case of suspension of production, wage subsidies take priority over daily sickness benefits (Il Quotidiano del lavoro de Il Sole 24 Ore, 22 juin 2021 – Enrico De Luca, Debhora Scarano)
With order 16382/2021, the Court of Cassation once again ruled on the critical issues connected with the relationship between wage subsidies anddaily sickness benefits. In accordance with well-established…
The time spent by employees putting on or taking off their uniform is not to be paid if there is no hetero-direction (Il Quotidiano del lavoro de Il Sole 24 Ore, 15 June 2021 – Vittorio De Luca, Elena Cannone)
With sentence 15763 of 7 June 2021, the Court of Cassation dealt once again with the issue of the time spent by employees to put on or take…
Collective dismissal: irrelevant initiation of multiple “Fornero procedures” (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 14 June 2021 – Vittorio De Luca, Alessandra Zilla)14 June 2021
With the recent ruling no. 15118 of 31 May 2021, the Court of Cassation ruled that the initiation of multiple individual dismissal procedures for objective justified reasons under…
Dismissal is lawful if post-injury depression is non-existent and other work is carried out (Il Quotidiano del lavoro de Il Sole 24 Ore, 9 June 2021 – Enrico De Luca, Debhora Scarano)
In its judgment 15465 of 3 June 2021, the Employment Chambers of the Court of Cassation ruled once again on the peculiarities of dismissal for just cause imposed…
Exceptions to the motivation obligation in fixed-term contracts and the reason behind the Inspectorate’s note of 12 May 2021 (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 June 2021 – Alberto De Luca, Stefania Raviele)
Since the beginning of the pandemic, the strict restrictions on the possibility of concluding fixed-term contracts have been suspended for the obvious purpose of favouring employment (albeit fixed-term),…
In the absence of a lawful reason, the dismissal of an employee who refuses a novation agreement is retaliatory (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 3 June 2021 – Enrico De Luca, Raffaele Di Vuolo)
Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s…
Repression of unfair labour practices to freelancers (Newsletter Norme & Tributi n. 151 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)
With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art. …