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18 November 2019 • Insights

The dismissal of those who falsely attest to their presence is lawful (Il Quotidiano del Lavoro de Il Sole 24 Ore, 18 November 2019 – Vittorio De Luca, Antonella Iacobellis)

The Labour Court of Padua, by ruling dated 4 October 2019, established that dismissal for just cause of employees who falsely attest to their presence in the office is permitted – and, therefore, lawful -, even if said conduct is ascertained by the investigative agencies. The case on which the Court of First Instance was ....

4 November 2019 • Insights

The contract in which the customer carries out a control system on the work activity with automated tools is unlawful

The Court of Padua, under ruling no. 550 of July 16, 2019, addressed the issue of employment based on the concept of hetero-direction of work in the light of technological evolution, outlining the criteria for identifying the actual employer. Facts of the case The case in question originates from the appeal filed by four employees ....

4 November 2019 • Insights

The unilateral termination of the contract by the employer before its expiry is unlawful

The Court of Cassation, under ruling no. 21537 of 20 August 2019, declared the unilateral termination by the employer of the collective agreement before its natural expiry date unlawful, even if said contract is withdrawn from its trade association (in this specific case, Confindustria). Facts of the case The District Court had partially reformed the ....

4 November 2019 • Insights

Whistleblowing: Italian law and EU Directive compared

On 7 October 2019, the European Council adopted the Directive on the “Protection of individuals who report breaches of EU law“ (known as whistleblowers), i.e. those within the territory of the European Union who report misconduct of which they have become aware in the workplace. Member States of the Union have two years from the ....

4 November 2019 • Insights

Lack of unjustified tax inspection in the event of non-urgency

The Court of Cassation, under order no. 24492 dated 1 October 2019, clarified the correct scope and application of Article 5, paragraph 14, of Law no. 638 dated 12 September 1983. It specifically stated that the justified ground for exempting an employee who is ill from the obligation to be available for a home check-up ....

4 November 2019 • Insights

Did you know that… the Senate has approved the business and corporate crises decree?

At its meeting of 23 October 2019, the Senate approved the draft law converting Decree-Law No 101 dated 3 September 2019, containing urgent provisions for the protection of employment and for the resolution of corporate crises (the so-called business and corporate crises decree). With specific reference to riders working with digital platforms, the application of ....

31 October 2019 • Insights

Employees who are compulsorily employed cannot be dismissed if they fall below the special reserve (Il Quotidiano del Lavoro de Il Sole 24 Ore, 31 October 2019 – Vittorio De Luca, Antonella Iacobellis)

The Court of Appeal, by ruling 26029 dated 15 October 2019, reconfirmed that the dismissal of a compulsorily employed employee must be considered voidable in the context of a collective staff reduction procedure if, at the time of the termination of the employment contract, the number of remaining compulsorily employed employees is less than the ....

31 October 2019 • Insights

Failure to Adopt the Model: accidents at work and the authority’s responsibility (Newsletter Norme & Tributi n. 136– Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Court of Cassation, Fourth Criminal Section, with sentence 35934 of last 09 August, declared a company responsible for the crime of serious injury with violation of safety rules at work. This is because it had not adopted an Organisational Model for health and safety at work suited to prevent the commission of such an ....

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