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5 April 2022 • News, Insights

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 the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....

1 April 2022 • News

Webinar “Contracts for hiring and applicable benefits” (Assolombarda, April 7, 2022 – Enrico De Luca, Valentino Biasi)

Enrico De Luca and Valentino Biasi will be speakers in the “Contracts for hiring and applicable benefits” webinar organised by Assolombarda on 7 April at 10 am. The speakers will provide an overview of the main types of employment contracts, tax benefits and financial incentives linked to new hires. Focus The meeting analyses the different ....

31 March 2022 • 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 of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....

31 March 2022 • Insights

Dismissal for just cause: disciplinary notice

In its ruling no. 3820 of 7 February 2022, the Court of Cassation established that the disciplinary notice shows the worker of the facts of which they have been charged to allow them to exercise their defence rights. It does not contain evidence, especially when it comes to facts beyond the employer’s direct knowledge which ....

31 March 2022 • Insights

Waiver of right to appeal against dismissal: right available

With its ruling no. 1887 of 21 January 2022, the Court of Cassation stated that the employee might freely dispose of the right to challenge the employment relationship termination by waiving or settling. Facts of the case The facts of the case originate from the decision of the relevant local court, which was upheld on ....

31 March 2022 • Insights

Individual dismissal on the same grounds as collective dismissal is null and void for fraudulent conduct

With its order no. 7400 of 7 March 2022, the Court of Cassation ruled that an individual dismissal for objective justified reason, for the same reasons as those underlying the collective dismissal previously initiated, is null and void because it involves fraudulent conduct. Facts of the case An employee who was dismissed for justified objective ....

31 March 2022 • Insights

Covid Decree: initial instructions following the end of the state of emergency

On 17 March, the Council of Ministers approved a new Decree Law on “Urgent measures to counter the spread of the COVID-19 epidemic, following the end of the state of emergency.” The Decree Law was published in the Official Gazette on 24 March (Decree Law no. 24/2022). The state of emergency ended on 31 March, ....

31 March 2022 • Insights

DID YOU KNOW THAT … until 30 April can workers access workplaces with the basic green pass?

Until 30 April 2022, to prevent the spread of the SARS-CoV-2 infection, anyone working in the private sector (including employees over 50, without prejudice to the vaccination obligation and related sanctions) is required to possess and submit a Covid-19 green pass (recovery, vaccination or test to access workplaces). This provision applies to those who carry ....

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