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Insights

The RSU may decide how to allocate paid leave but not to concentrate it all on one member (Newsletter Norme & Tributi n. 160 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

By decision 9/2022, the Court of Siena declared that the employer's conduct prohibiting the centralisation of union leaves under the collective agreement (CCNL) predominantly or exclusively in favour…

Insights, News

Legitimate dismissal of an invalid worker for exceeding the protected period (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 20 May 2022 – Enrico De Luca, Alessandra Zilla)

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on…

Insights, News

The “uniform time” is payable only if compulsory (Modulo24 Contenzioso del Lavoro of Il Sole 24 Ore, 25 May 2022 – Vittorio De Luca, Marco Giangrande)

In ruling no. 315 of 12 April 2022, the Court of Appeal of Bologna stated that in the subordinate employment relationship, the time required to wear the company…

Insights, News

Court of Milan: riders must be hired under full-time employment contracts (Guida al Lavoro of Il Sole 24 Ore, 13 May – Enrico De Luca, Luca Cairoli)

In its ruling no. 1018/2022, published on 20 April 2022, Court of Milan Judge Franco Caroleo, confirmed case law, by recognising the existence of an employment relationship between…

Insights

Social security damages, Rome Court of Appeal in line with the Supreme Court (Modulo24 Contenzioso Lavoro (Form24 Labour Litigation) of Il Sole 24 Ore, 13 May – Vittorio De Luca, Marco Giangrande)

The Court of Appeal of Rome established the subordinate nature of an employment relationship formally configured as self-employed work, declaring the employee's right to compensation for pension differential…

Insights

CBA – Tacit acceptance and acceptance by conduct (Newsletter Norme & Tributi n. 159 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In ruling no. 95/2022, the Court of Vicenza held that the acceptance of a collective agreement may be tacit or by conduct, i.e., by actually applying its terms.…

Insights, News

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…

Insights

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…

Insights

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…

Insights, News

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…

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