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30 August 2018 • Insights

Demotion, automatic compensation for damages and burden of proof (Guida al Lavoro de Il Sole 24 Ore, 31 August 2018 – Enrico De Luca, Elena Cannone e Antonella Iacobellis)

The Court of Cassation with judgement No. 17978 dated 9 July 2018 established that: – recognition of compensation for non-material damages is not automatic in the case of a “demotion” if it is not adequately proven; – when the employee alleges a demotion associated to a breach by the employer to meet the obligation established ....

29 August 2018 • Insights

A first attempted collective bargaining agreement for Riders

In reference to the so called Riders – a hot topic that has heated up recent public debates after a few case law rulings and the “exchange” of opinions between the government and several companies operating in the delivery service sector – employers organisations Confetra, Fedit, Confartigianato Trasporti, Cna Fita, Casartigiani, Claai and workers’ unions ....

29 August 2018 • Insights

Withdrawal during the trial period: standard protection if the agreement is void

The Court of Cassation, with ruling No. 17358 dated 3 July 2018 has issued another ruling on the dismissal ordered for failure to successfully pass the trial period and on the protections applicable when the employer’s withdrawal is unlawful if ordered on the incorrect assumption of the validity of the related agreement. In the case ....

29 August 2018 • Insights

Full matching between the disputed charge and the reasons for the disciplinary dismissal is required

The Court of Cassation with ruling No. 15523/2018 had the opportunity to clarify, once again, a few important cases concerning a dismissal ordered upon conclusion of disciplinary proceedings pursuant to art. 7 of the Law No. 300/1970. The judges of the Court of Cassation, in fact, returned to explore the heavy and controversial matter of ....

29 August 2018 • Insights

A dismissal for justified objective reasons is lawful even if the employer makes use of external resources and overtime work

The Court of Cassation, with ruling No. 19731 dated 25 July 2018 has recently expressed its opinion on the repêchage obligation. In the case in question, an employee had filed a law suite against the dismissal ordered by the company due to closing down of the department where he worked, stating that the dismissal was ....

29 August 2018 • Insights

Reclassification of apprenticeships? Possible if there is a breach of training obligations

The Court of Cassation, with ruling No. 16571/2018 has once again returned – confirming an already consolidated trend in legal literature and case law concerning lawfulness – on the topic of reclassification of the apprenticeship relationship in an employment relation under an open term contract, if the employer’s obligations to provide training was breached. In ....

29 August 2018 • Insights

A demerger to avoid the regulations on collective dismissal is against the law

With two “twin” rulings (No. 19863 and No. 20620, the latter filed on 7 August), the Court of Cassation had the opportunity to express its opinion on the rules governing collective dismissals linked to corporate demergers. In the case in question, a company had performed a partial demerger – by assigning to two newly incorporate ....

29 August 2018 • Insights

DID YOU KNOW THAT… The Dignity Decree has modified the rules on fixed term contracts and staff-leasing?

Official Gazette No. 186 dated 11 August 2018 has published the conversion law (Law No. 96) of Law Decree 87 (the so called Dignity Decree), entered into force on 14 July. Major changes have been applied to the fixed term contract. In particular, a fixed term contract can be entered into without reason for 12 ....

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