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31 October 2022 • News, Insights

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 (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....

31 October 2022 • Insights

Contract term ineffectiveness if there is a company transfer

In its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract term’s ineffectiveness was confirmed, is treated as transferred ex lege to the transferee. Facts of the case The case concerns the effectiveness of a business transfer for ....

31 October 2022 • Insights

Aiuti-ter decree and relocations

On 23 September, Decree Law 144/2022 ( Aiuti-ter (Aid ter) decree) was published on the Official Gazette. The Decree introduced significant changes which benefit workers and established new and different allowances for employees, self-employed workers and other categories. This is additional to the provisions of the Aiuti (Aid) decree (Decree Law 50/2022) and modifies the ....

31 October 2022 • Insights

Ministry of Labour circular no. 19 of 20 September 2022: new Transparency Decree clarifications

In addition to information already provided by the National Labour Inspectorate (circular no. 4 of 10 August 2022), the Ministry of Labour, with this circular, outlined the application of the new information requirements introduced by Legislative Decree no. 104 of 27 June 2022 “Transparency Decree”). As already noted in National Labour Inspectorate Circular no. 4/2022, ....

31 October 2022 • Insights

DID YOU KNOW THAT… assisted negotiation was extended to labour disputes?

Legislative Decree no. 149, of 10 October 2022, by inserting Article 2-ter to the Decree Law no. 132, of 12 September 2014, introduced assisted negotiation in labour disputes under Art. 409 of the Code of Civil Procedure. The provision allows the parties (employer/client and employee) to resort to assisted negotiation, with the help of a ....

27 October 2022 • Insights

Minimum Wage in the European Union

On September 14, 2022, the European Parliament finally approved the directive implementing the minimum wage principle in the European Union. The directive was also finally approved on October 4 by the Council of the European Union. The goal is to ensure “a reasonable standard of living”, the directive states. The latter does not provide for ....

24 October 2022 • News, Insights

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 strain on the national production fabric and employment. The government intervened by issuing the Aiuti (Aid) decree (Decree Law 50/2022) and later the Aiuti-ter decree (Decree Law ....

21 October 2022 • News, Insights

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 In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....

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