#labourlaw

NEWS & ARTICLES

Feb 21, 2022
2 min

Disciplinary dismissal between abstraction and concreteness

In the last decade, the Italian parliament has repeatedly changed the regulatory framework that governs the hypotheses and limits of the sanctioning consequences of dismissal. Therefore, it is often difficult for employers to understand whether the choice to terminate an employment relationship is in accordance with the legal rules on the matter. The Supreme Court has established some principles that be useful indicators to adequately manage a dismissal procedure. In particul

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Italian courts decisions on employees' quarantine, collective transfer, supply work and trial period

lifang60

Feb 8, 2022
2 min

Italian courts decisions on employees' quarantine, collective transfer, supply work and trial period

Quarantine for positivity to Covid-19 The quarantine for positivity to Covid-19 does not fall within the calculation of the so-called “guaranteed period” (i.e., periodo di comporto in the Italian legal parlance which is the period of absence for illness granted to the employee and during which the employee cannot be dismissed). Therefore, the quarantine period is not computed in the period dicomporto, beyond which it is legitimate to dismiss the employee (Court of Asti’s deci

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Italian Supreme Court on employee and business transfer, employer bankruptcy, collective agreement

lifang60

Jan 24, 2022
3 min

Italian Supreme Court on employee and business transfer, employer bankruptcy, collective agreement

Employee’s transfer In the event of an employee transfer, there is no burden on the employer to prove that the employee cannot work at the original location, having only to prove the causal link between the transfer decision and the reasons underlying it (see Supreme Court decision dated November 8, 2021, No. 32506). Portion of business as a going concern - Notion For the purposes of the transfer of business as a going concern provided for by Article 2112 of the Italian Civil

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Early termination of fixed-term employment contracts

lifang60

Dec 6, 2021
3 min

Early termination of fixed-term employment contracts

According to the case law predominant position, neither dismissal for organizational economic reasons nor early termination for reasons other than just cause can be applied in fixed-term employment contracts. The case law holds that dismissal for organizational economic reasons is not reconcilable with fixed-term contracts because this type of contracts responds to the need for the employer to react to situations that make it objectively no longer convenient to keep the emplo

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Notice period waiver - indemnity in lieu of notice

lifang60

Nov 4, 2021
2 min

Notice period waiver - indemnity in lieu of notice

With decision no. 27934 dated October 13, 2021, the Supreme Court stated that, in the event that the employer waives the notice period that the employee (who resigned with immediate effect) must observe, the same employer is not required to grant the related indemnity to the employee, given that no legally qualified interest can be set up in favor of the withdrawing party. The dispute concerned a summary order of payment obtained by a resigning employee for the payment of the

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Fixed-term employment contracts: max. duration and limits of use by collective bargaining agreements

lifang60

Oct 26, 2021
2 min

Fixed-term employment contracts: max. duration and limits of use by collective bargaining agreements

The change introduced by Article 41 bis of the Legislative Decree 73/2021 (the so-called Sostegni - bis decree), as converted by law 106/2021, has further relaunched the role of collective bargaining agreements in drawing up the rules for employment (and work supply) contracts of a limited duration. This is in particular after the authoritative interpretative endorsement of the National Labor Inspectorate with note No. 1363 dated 14 September 2021. Given that the 12-month ter

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Review of Italian jurisprudence on labour law

lifang60

Oct 8, 2021
1 min

Review of Italian jurisprudence on labour law

With decision dated September 10, 2021, the Supreme Court ruled that to determine the amount of the severance indemnity (known as a “TFR” - "Trattamento di Fine Rapporto" in the Italian legal prance), witness evidence is admissible in order to demonstrate the payment of the salary in cash ("out of pay-slip") provided that in the relevant chapter of evidence it is clearly indicated the circumstances of time and place in which the amounts would have been perceived. Kindly note

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European Court of Justice's Decision of 15.7.2021 on the use of the Islamic veil in the workplace

lifang60

Sep 24, 2021
1 min

European Court of Justice's Decision of 15.7.2021 on the use of the Islamic veil in the workplace

With decision dated 15 July 2021 (joined cases C-804/18 and C-341/19), the European Court of Justice has ruled, among other things, that the use - in the workplace - of the Islamic veil or other recognizable signs of a religion may be prohibited as long as this limitation corresponds to a real need that the employer must prove In particular, according to the Court, it is necessary to prove that in the absence of a corporate policy of neutrality, the company would suffer unfav

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