News & Insights

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22 June 2021 • News, Insights

Lawful suspension from work and pay of non-vaccinated healthcare operators (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 22 juin 2021 – Alberto De Luca, Alessandra Zilla)

With its order dated 19 May 2021, issued at the end of an interlocutory judgment, the Court of Modena held that suspension from work and pay of two non-vaccinated healthcare operators was lawful. The case arose from the refusal of two physiotherapists working in a nursing home to vaccinate against Covid-19, with the employer’s ensuing ....

22 June 2021 • News, Insights

In case of suspension of production, wage subsidies take priority over daily sickness benefits (Il Quotidiano del lavoro de Il Sole 24 Ore, 22 juin 2021 – Enrico De Luca, Debhora Scarano)

With order 16382/2021, the Court of Cassation once again ruled on the critical issues connected with the relationship between wage subsidies anddaily sickness benefits. In accordance with well-established case law, the Court pointed out that, where the ordinary lay-off scheme concerns a case of suspension of production and not merely a reduction in working hours, ....

15 June 2021 • News, Insights

The time spent by employees putting on or taking off their uniform is not to be paid if there is no hetero-direction (Il Quotidiano del lavoro de Il Sole 24 Ore, 15 June 2021 – Vittorio De Luca, Elena Cannone)

With sentence 15763 of 7 June 2021, the Court of Cassation dealt once again with the issue of the time spent by employees to put on or take off their uniform. In the case in question, the Court of Appeal of Rome, reforming the first instance sentence, rejected the request made by the employees of ....

14 June 2021 • News, Insights

Collective dismissal: irrelevant initiation of multiple “Fornero procedures” (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 14 June 2021 – Vittorio De Luca, Alessandra Zilla)14 June 2021

With the recent ruling no. 15118 of 31 May 2021, the Court of Cassation ruled that the initiation of multiple individual dismissal procedures for objective justified reasons under Article 7 of Law 604/66 does not count when calculating the minimum number of five dismissals required to open collective dismissal procedures. The ruling stems from the ....

9 June 2021 • News, Insights

Dismissal is lawful if post-injury depression is non-existent and other work is carried out (Il Quotidiano del lavoro de Il Sole 24 Ore, 9 June 2021 – Enrico De Luca, Debhora Scarano)

In its judgment 15465 of 3 June 2021, the Employment Chambers of the Court of Cassation ruled once again on the peculiarities of dismissal for just cause imposed on an employee carrying out other work during sick leave. In particular, a disciplinary dismissal was ordered against a civil servant who, following a personal accident and ....

7 June 2021 • Insights

Exceptions to the motivation obligation in fixed-term contracts and the reason behind the Inspectorate’s note of 12 May 2021 (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 7 June 2021 – Alberto De Luca, Stefania Raviele)

Since the beginning of the pandemic, the strict restrictions on the possibility of concluding fixed-term contracts have been suspended for the obvious purpose of favouring employment (albeit fixed-term), which was severely damaged by the economic fallout of the epidemic. Indeed, as early as with the law converting Decree Law no. 18/2020 (so-called Cura Italia), the ....

7 June 2021 • News

Interview today with Vittorio De Luca on Affari&Finanza on remote working

Sundar Pichai, CEO of Google, has recently announced that the company intends to permanently integrate remote working into its working practices, albeit with a hybrid approach, e.g. three days in the office and two days remotely. These statements highlight the growing interest in remote working, a system that many companies were forced to try out ....

3 June 2021 • News, Insights

In the absence of a lawful reason, the dismissal of an employee who refuses a novation agreement is retaliatory (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 3 June 2021 – Enrico De Luca, Raffaele Di Vuolo)

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....

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