News & Insights

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20 November 2023 • News, Insights

No holiday leave due to illness: guidelines from the European Court of Justice (Norme & Tributi Plus Lavoro – Il Sole 24 Ore, 20 November 2023 – Enrico De Luca, Irene Crisci)

THE FACTS The French Employment Court was called upon to rule on the lawfulness of the refusal to allow certain workers to take several days of accrued and unused holiday leave due to prolonged absences from work due to illness. Similarly, the relevant allowance in lieu had been denied to those workers whose employment had ....

16 November 2023 • Insights, News

Employer checks carried out through an investigative agency

Among the topics we explored at our Team Meeting this week was the area of employer checks carried out through investigative agencies, analysing Court of Cassation judgment of 11 October 2023, no. 28378. In that case a dismissal based on evidence collected by a private investigator who had not been indicated by name in the ....

7 November 2023 • Insights

Minimum wage and parameter assessment

There is no law in the Italian legal system establishing a legal minimum wage. In fact, the parameters for ‘fair’ pay are defined by the Italian Constitutional Charter. Specifically, Article 36 of the Italian Constitution states that fair pay is pay which ensures the worker a free and dignified existence and is proportionate to the ....

2 November 2023 • Insights

Italian Data Protection Authority: employee has right to access data collected through GPS system installed by employer

With Ruling of 14 September 2023, the Italian Data Protection Authority (Garante per la protezione dei dati personali, ‘DPA’) found that the processing of data carried out by a company appointed to read gas, electricity and water meters (the ‘Company’) was unlawful, confirming that the employer has an obligation to provide a full response to ....

2 November 2023 • Insights

Dismissal for objective reason of worker who refused full time work: burden of proof for lawfulness of dismissal

In order no. 29337 of 23 October 2023, the Italian Court of Cassation ruled that dismissal for objective reason in the event of refusal to work part time (or vice versa full time) is not in itself unlawful, but involves a redetermination of the justified objective reason and the burden of proof placed on the ....

2 November 2023 • Insights

DID YOU KNOW THAT… the Ministry of Labour, with circular no. 9 of 9 October 2023 provided important clarification on the regulations governing fixed-term contracts?

With this circular the Italian Ministry of Labour provided its first guidelines on the most significant new initiatives introduced by Italian Decree-Law no. 48 of 2023, converted into law with amendments by Italian Law no. 85 of 3 July 2023, on fixed-term contracts. From among these, the most significant clarification provided by the Ministry concerns ....

31 October 2023 • News, Insights

Theft of company assets: what consequence? (Newsletter Norme & Tributi n. 172 Camera di Commercio Italo-Germanica – Vittorio De Luca, Luca Cairoli)

By Order no. 27353 of 26 September 2023, the Court of Cassation ruled on the case of an employee who had been dismissed for stealing company assets of low value. The employee challenged his dismissal and brought a legal action asking to be reinstated back to work. The Court, while ruling out the annulment of ....

26 October 2023 • News, Insights

Challenges, opportunities and advantages of sustainable leadership (Guida al Lavoro – Il Sole 24 Ore, 20 October 2023 – Valentino Biasi)

Sustainable leadership cannot and must not simply be a passing trend, but must represent the new approach to entrepreneurship, aimed at combining financial profit with the long-term preservation and development of the community. In the current global economic environment, more and more companies are placing the pursuit of sustainability goals at the centre of their ....

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Research, training and international collaborations

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