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NEWS & ARTICLES

Sep 19, 2022
2 min

Last Italian rulings on working relationships: updated to September 2022

New position on the sharing of the burden of proof and oral dismissal The worker who challenges the dismissal by alleging that the dismissal was notified without observing the written form has the burden of proving that the termination of the employment relationship depended on the will of the employer, even if manifested with conclusive behaviors, since the proof of mere termination of the work performance is not sufficient in the event that the employer objects to the fact

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lifang60

Sep 6, 2022
2 min

Smart working

With the end of the emergency regime, as of September 1, 2022 the obligation of the individual agreement returned (based on the provisions set out in articles 19 and 21 of Law no. 81/2017 and collective agreements) and the new simplified communication made its debut. Until August 31, 2022, in fact, by virtue of special rules, employers in the private sector could make recourse to smart working even in the absence of individual agreements, with communication methods to the Min

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Employment contract - information obligation

lifang60

Aug 8, 2022
2 min

Employment contract - information obligation

On 29 July 2022, legislative decree no. 104 of 27 June 2022 ("Transparency Decree") in implementation of the so-called "Transparency Directive" (Directive 2019/1152). was published on the Official Italian Gazette. The Transparency Decree - which will enter into force on 13 August 2022 - establishes information obligations on the part of employers for new hires and for workers already hired on 1 August 2022. The Transparency Decree provides for the obligation of information by

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Italian rulings: Right of criticism (dismissal) and Verbal dismissal (burden of proof)

lifang60

Jun 27, 2022
2 min

Italian rulings: Right of criticism (dismissal) and Verbal dismissal (burden of proof)

Right of criticism - dismissal The dismissal of a general manager for having outlined some accounting irregularities and the possible configuration of crimes to the Board of Directors is unlawful. The Supreme Court has returned to rule on a debated issue: that of the limits of the right of criticism of an executive towards the property and the directors, and the consequent legitimacy of the dismissal ordered for deemed overcoming of these limits. In essence, the dispute decid

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Italian rulings: Unlawful dismissal, Handicap and Illness, Unjustified absence from work

lifang60

Jun 14, 2022
2 min

Italian rulings: Unlawful dismissal, Handicap and Illness, Unjustified absence from work

Unlawful dismissal Even in the presence of an infringement punished by the applicable collective bargaining agreement with dismissal, the judge must assess the suitability of the specific conduct to compromise the fiduciary link between employer and employee, in the absence of which the dismissal is unlawful. Thus, the Supreme Court ruled that the dismissal of an employee, with the duties of cashier - who ate without paying a snack taken from the dispenser adjacent to the wor

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Italian rulings: dismissals (reinstatement order and transfer) and Validation of resignations

lifang60

May 31, 2022
2 min

Italian rulings: dismissals (reinstatement order and transfer) and Validation of resignations

Dismissal - reinstatement order According to a recent decision of the Supreme Court, in the event of unlawful cessation of the company activity which generated an unlawful dismissal procedure, the dismissed employees cannot benefit from the reinstatement protection but only from the compensatory one. In fact, the Supreme Court stated that, where the employer proceeds with unlawful dismissals, the dismissed employees cannot in any case be granted with the reinstatement protect

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Italian rulings: transfer of business, dismissal and trial period, transfer of employees

lifang60

May 17, 2022
2 min

Italian rulings: transfer of business, dismissal and trial period, transfer of employees

Transfer of business The Supreme Court has confirmed that only a lawful business transfer implies the continuity of an employment relationship which remains unique and unchanged, in its objective elements, only to the extent that the requirements of the laws governing the business transfer (Article 2122 of the Civil Code) - which, by way of derogation from the general principles of assignment of the contract (Article 1406 of the Civil Code), allow the replacement of the assig

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New rulings of the Italian Supreme Court on Dismissal of an executive and “periodo di comporto”

lifang60

May 2, 2022
2 min

New rulings of the Italian Supreme Court on Dismissal of an executive and “periodo di comporto”

Dismissal of an executive The Supreme Court affirmed that the dismissal imposed on a manager who tries to purchase a stake in the share capital of a competing company is legitimate, given that such conduct is potentially harmful to the employer company. In fact, the employee's duty of loyalty must be integrated with the principle of correctness and good faith and, to this end, also the mere potential harmful conduct assumes relevance. The Supreme Court reached the conclusion

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Duration of the employment contract in Spain and retirement age

lifang60

Apr 15, 2022
3 min

Duration of the employment contract in Spain and retirement age

There are various companies that hire staff in Spain (in the context of branches, subsidiaries etc) and in many cases they are not informed about the mechanisms concerning the retirement age and the duration of the employment relationship. According to Spanish law, the retirement age is as follows: 1. at the age of 65, if the employee has reached 37 years and 6 months of contributions 2. at the age of 66 and 2 months of age, if the years of contributions are lower than those

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Recent Italian rulings on labor law and trade union relations

lifang60

Apr 15, 2022
2 min

Recent Italian rulings on labor law and trade union relations

Union consultation procedure in the event of a transfer of business as a going concern The legislation on the transfer of business as a going concern which in certain cases set forth the need for a prior trade union consultation procedure does not at all provide for an obligation to provide information on the projects of the transferee. Nevertheless, the Court of Bari established the anti-union behavior of the transferee on the assumption that the latter in the communication

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Recent Italian rulings on Verification of higher duties and Actual global salary, updated March 2022

lifang60

Apr 5, 2022
2 min

Recent Italian rulings on Verification of higher duties and Actual global salary, updated March 2022

Verification of higher duties The Court of Naples affirmed that the employee who claims a higher professional qualification in relation to the duties performed has the burden of demonstrating the nature and period of time during which such duties were performed, the content of the individual, collective or legal provisions by virtue of which the higher qualification is claimed, the coincidence of the duties performed with those set forth by the relevant provisions. According

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The Labor Reform in Spain and the News in the field of the Fixed-Term Contracts

lifang60

Feb 22, 2022
3 min

The Labor Reform in Spain and the News in the field of the Fixed-Term Contracts

On February 3, 2022, the Spanish Congress of Deputies converted into law the Real Decreto-Ley 32/2021, de 28 de diciembre, de medidas urgentes para la reforma laboral, la garantía de la estabilidad en el empleo y la transformación del mercado de trabajo , which entailed the reform of the Spanish Workers' Statute and in general a severe limitation of fixed-term hiring. The most significant changes are the following: 1.Fixed-term contracts: Among the most important measures

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Disciplinary dismissal between abstraction and concreteness

lifang60

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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Remote control: data acquired cannot be used to prove the employee's contractual breach

lifang60

Jan 10, 2022
1 min

Remote control: data acquired cannot be used to prove the employee's contractual breach

The effectiveness of the prohibition of remote control of employees' activity requires that even for the so-called defensive controls, the guarantees set forth by Article 4, paragraph 2, of the Law No. 300 of May, 20, 1970 (i.e., the so-called Workers’ Chart) apply. It follows that if, for the need to avoid illegal activities or for organizational or production reasons, the employer can install control systems and equipment that also detect data relating to the work activitie

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Disciplinary dismissal - Sanctions typified in the national collective bargaining agreement

lifang60

Jan 10, 2022
2 min

Disciplinary dismissal - Sanctions typified in the national collective bargaining agreement

The Supreme Court stated that, in order to evaluate the employer’s decision to proceed with dismissal, the judge is not bound by the conduct typified in the applicable national collective bargaining agreement. As a matter of fact, safter having ascertained the existence of a lawful cause for the dismissal, the judge is required to concretely assess the fact and its proportionality with respect to the sanction imposed by the employer. In this regard, the Supreme Court has rule

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Italy: New obligations for the client of occasional self-employed workers

lifang60

Jan 7, 2022
1 min

Italy: New obligations for the client of occasional self-employed workers

The conversion law of the law decree 146/2021 modified the art. 14 of Legislative Decree n. 81/2008 introducing a new obligation for the client to communicate the start of an occasional collaboration activity to the territorially competent labor inspectorate by means of registered email or text message. Occasional collaboration is characterized by the exceptional and non-habitual work activity performed without subordination constraints in exchange for a fee. Failure or delay

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Isi 2021 call, Inail allocates almost 274 million incentives for safety in the workplace in Italy

lifang60

Dec 21, 2021
1 min

Isi 2021 call, Inail allocates almost 274 million incentives for safety in the workplace in Italy

One month after the conclusion of the electronic procedure for the assignment of the incentives of the Isi 2020 call, Inail allocates a further 273.7 million euros to the companies that invest in prevention for the realization of level improvement projects health and safety in the workplace. With these additional resources, the total amount allocated by the Institute since 2010 rises to over 2.7 billion. Among the main innovations introduced there are three new types of inves

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The termination of the employment relationship of the working shareholder

lifang60

Dec 17, 2021
1 min

The termination of the employment relationship of the working shareholder

The Supreme Court has once again stated that the termination of the employment relationship of the working shareholder can result both from (i) the adoption of the resolution of the working shareholder from the company and (ii) the adoption of a formal dismissal. Only in the latter case, however, in the presence of the related conditions, it will there be room for the application of the protections connected to the termination of the employment relationship. More precisely: a

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