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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 decision dated January 5, 2022).

Employees’ collective transfer

In the event of a collective transfer, the employer must respect the union's rights of consultation and information provided for by the European directive on collective dismissals (Court of Naples’s decision dated January 4, 2021).

Supply work contract

In the context of a supply work contract, the principal employer is criminally liable if such employer does not verify that the contractor is provided with the document attesting the regularity of payment of social security contributions, the so-called DURC (Supreme Criminal Court’s decision No. 43604 dated November 26, 2021).

Trial period clause

The content of the duties on which the trial test must be carried out has to be specified in the individual employment contract. Such contract can be integrated by making reference to the specific declarations of the collective bargaining agreement with regard to the classification of the employee, provided that such reference is sufficiently specific and referable to the more detailed classification notion. Accordingly, if the category of a given level includes a plurality of profiles, the indication of the single profile is necessary, while that of the category alone would be generic (Supreme Court’s decision No. 1099 dated January 14, 2022).

Avv. Guido Brocchieri

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