Publications

Categories: Publications | Tag: RSU

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....

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Categories: Publications | Tag: Budget Law

The outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a strain on the national production fabric and employment. The government intervened by issuing the Aiuti (Aid) decree (Decree Law 50/2022) and later the Aiuti-ter decree (Decree Law ....

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Categories: Publications | Tag: Court of Cassation

Contracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....

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Categories: Publications | Tag: Dismissal

A disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack of the required legal format In its order no. 26532 of 8 September 2022, the Court of Cassation stated that the power attributed to the Employment Tribunal ....

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Categories: Publications | Tag: Dismissal

The selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding the protected period is confirmed, the special penalty regime under paragraph 7 of Art. 18 of the Workers’ Statute applies. This includes the reinstatement, regardless of the ....

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