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Insights, News

Lawful dismissal for abuse of leave under Italian Law 104 verified by a private investigator (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 30 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

The Court of Cassation has recently confirmed that the ‘abusive’ use of leave to care for disabled family members, as referred to in Article 33, par. 3 of…

Insights, News

Employee transfer is not mobbing (Il Quotidiano del lavoro de Il Sole 24 Ore, 24 juin 2021 – Alberto De Luca, Raffaele Di Vuolo)

With Judgment no. 12632/2021 of 12 May 2021, the Court of Cassation once again addressed the issue of employee transfer due to environmental incompatibility in the workplace, ruling…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

The Judge’s verification of the effectiveness of business choices at the basis of the dismissal (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 18 May, 2021 – Enrico De Luca, Claudia Cerbone)

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee…

Insights, News

Appeals Court judge may acquire unfiled documents (Il Quotidiano del lavoro de Il Sole 24 Ore, 12 May 2021 – Vittorio De Luca, Marco Giangrande)

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4…

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