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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…

Insights, News

Unions representing staff may bring proceedings to suppress anti-union conduct (Il Quotidiano del lavoro of Il Sole 24 Ore, 19 April 2021 – Vittorio De Luca, Roberta Padula)

In a decree dated 28 March 2021, The Court of Milan recognised anti-union conduct under art. 28 of Italian Law no. 300/1970 at a company where a video…

Insights, News

A tale of increasing protection: discretion’s return (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 1 April 2021 – Alberto De Luca, Valentino Biasi)

Six years ago, on 7 March 2015, the Jobs Act came into force, providing innovative protection if there is an unlawful dismissal for new employees under permanent contracts.…

Insights, News

Non-competition agreement remuneration. How the nullity cases work (Guida al Lavoro de Il Sole 24 Ore, 19 March 2021 – Vittorio De Luca, Antonella Iacobellis)

Non-competition agreement - Agreement nullity - Remuneration - agreement onerousness - Remuneration Determination/Determinability Court of Cassation, 1 March 2021, no.  5540 "Concerning the non-competition agreement entered into with…

Insights, News

Substitute meal voucher for shift employees (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 10 March 2021 – Enrico De Luca, Claudia Cerbone)

Employees who work a daily shift exceeding 6 hours, must be granted a substitute meal voucher if they are unable to use the canteen service or if, due…

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