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Insights, News

Managers excluded from dismissal prohibition during pandemic (Guida al Lavoro of Il Sole 24 Ore – Alberto De Luca, Alessandra Zilla)

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat…

Insights, News

Assisted negotiation, labour settlements are no longer just carried out by trade unions or their equivalent (Norme & Tributi Plus Lavoro of Il Sole 24 Ore – Alberto De Luca, Luca Cairoli)

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected…

Insights, News

Court of Cassation: informing only the Unions of forced holidays is unlawful (Newsletter Norme & Tributi n. 163 Camera di Commercio Italo-Germanica – Vittorio De Luca, Martina De Angeli)

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights

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…

Insights, News

The legitimacy of checks by the employer through a detective agency (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 20 September 2022, Vittorio De Luca, Marco Giangrande)

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on remote controls carried out by the employer and confirmed the legal principles within…

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