Employer bears burden of proof of payment of remuneration
By order no. 10663 of 19 April 2024, the Italian Court of Cassation stated that the employer bears the burden of proof in proving that remuneration has been…
Publications
DID YOU KNOW THAT… Union negotiated conciliation agreements signed at company headquarters are invalid?
Conciliation agreements negotiated with the help of a union cannot be validly concluded at the company’s headquarters. This is because company headquarters do not fall within “protected locations”…
Union negotiated conciliation agreement – relevance of where it is signed (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 23 May 2024 – Vittoria De Luca, Alessandra Zilla)
The reference to “conciliation location” in Article 411 of the Italian Code of Civil Procedure does not permit company premises to be included among the protected locations (sedi…
Entry into Italy of highly qualified personnel: changes and simplified procedure for companies and workers (Norme e Tributi Plus Diritto – Il Sole 24 Ore, 14 May 2024 – Valentino Biasi, Andrea Di Nino, Giorgia Tosoni)
Workers who are citizens of countries outside the European Union and who come to Italy to work are regulated by specific provisions, under which the Ministry of the…
In the case of a sham outsourcing contract, dismissal must be by principal (Newsletter Norme & Tributi n. 177 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)
In judgment no. 32412 of 22 November 2023, the Italian Court of Cassation dealt with the lawfulness of a dismissal by the formal employer of a worker employed…
European Parliament adopts Platform Work Directive and introduces stringent rules protecting workers’ data
On Wednesday 24 April 2024, MEPs adopted the text of the new Directive on the working conditions of platform workers. As can be learned from the press release…
Minutes of failed conciliation may contain formal notice of dismissal
By order no. 10734 of 22 April 2024, the Italian Court of Cassation ruled that, in the event of a failed conciliation attempt, as required under Article 7…
DID YOU KNOW THAT… non-compete agreement null and void if conditional on employer decisions affecting employment relationship?
A non-compete agreement which is conditional upon the preservation of the original duties introduces an element of vagueness that undermines the entire agreement. This principle was confirmed by…
Protected period (periodo di comporto) and indirect discrimination against the disabled: the Court of Ravenna refers the matter to the European Court of Justice (Modulo 24 Contenzioso Lavoro by Il Sole 24 Ore, 2 April 2024 – Vittoria De Luca, Alessandra Zilla)
With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment on the Italian legislation on the calculation of…
Conversion of the part-time contract into full-time due to concluding facts (Newsletter Norme & Tributi n. 176 Camera di Commercio Italo-Germanica – Vittorio De Luca, Irene Crisci)
With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where…