Protected period on case of illness: it is presumed the continuity of the illness even in vertical part-time work July 29, 2021 Demotion agreement: requirements for validity and damages July 16, 2021 Unlawful TUPE and the effect on salary July 9, 2021 Italian Data Protection Authority: no indiscriminate monitoring of employees June 30, 2021July 1, 2021 An executive (dirigente) who chooses not to use up holiday entitlement loses the right to indemnity in lieu of same June 25, 2021 ‘Regulating’ contents provided within the agreement entered into during a collective dismissal procedure June 23, 2021 Dismissal, the Court of Cassation on the aliunde perceptum June 18, 2021 Use of data from trade union mailing list for disciplinary purposes June 11, 2021 Collective dismissal: it is irrelevant the intention to dismiss under art. 7, L. 604/1966 June 8, 2021 Time spent changing into and out of work clothes (so-called “donning and doffing”) is unpaid if the employee chooses when and where to do it June 8, 2021June 18, 2021 Disciplinary dismissal and reinstatement June 3, 2021 Waiver of notice by an employee is not valid as regards social security contributions due to INPS May 20, 2021 How new EU rules can give Italy’s right to disconnect more teeth May 20, 2021June 8, 2021 When is a director of a limited company also an employee of same? May 14, 2021May 14, 2021 Collective redundancies: evaluation of the family dependent criteria May 12, 2021June 11, 2021 Dismissal for serious violations while driving company car is legitimate May 10, 2021May 10, 2021 Economic dismissal: always reinstatement when the fact underlying the dismissal is manifestly unfounded April 15, 2021 Dismissal ban: dismissal for failing the probationary period is null and void if the employer needs to reduce costs April 12, 2021April 13, 2021 Collective redundancy: scope of application of the selection criteria April 1, 2021 Transfer of part of an undertaking: functional autonomy and preexistence March 26, 2021April 13, 2021 Commercial agency and withdrawal for just cause March 24, 2021 European Court of Justice (ECJ): stand-by time and working time March 19, 2021 A year on from Italy’s blanket redundancy ban March 11, 2021April 13, 2021 Straining and compensation March 3, 2021 The so-called three-phase path for correct job classification February 24, 2021 The NCBA with an extension clause “until the new NCBA is signed” is not to be considered open-ended February 17, 2021February 17, 2021 Compensation for non-pecuniary damages due to demotion does not constitute taxable income February 11, 2021February 11, 2021 The organizational reasons that determine dismissal for “economic” reasons February 5, 2021 Demotion and constructive dismissal January 27, 2021January 28, 2021 Trade union agreement pursuant to art. 4(11) of Law 223/1991 January 20, 2021January 21, 2021 Oral dismissal: burden of proof on the employee January 15, 2021January 17, 2021 Fraudulent Dismissal January 8, 2021January 17, 2021 Disciplinary sanctions: limits to the Judge’s power to redetermine them December 19, 2020January 17, 2021 Damages for demotion and burden of proof December 10, 2020January 17, 2021 Binding effect of company level collective bargaining agreements December 3, 2020January 17, 2021 Legitimate controls on an employee who harasses a colleague and accesses her husband’s bank account November 25, 2020January 17, 2021 Waivers and settlement agreements: purpose and interpretation November 19, 2020January 17, 2021 Nature and requirements of the subordinate employment relationship of dirigente (executives) November 12, 2020January 17, 2021 Purpose and limits of paid leave of absence permits under Law no. 104/1992 (to assist disabled family members) November 6, 2020January 17, 2021 Collective redundancy and the pool of workers affected October 30, 2020January 17, 2021 Covert monitoring by a superior is legitimate October 23, 2020January 17, 2021 Injunctive relief interrupts prescription October 20, 2020January 17, 2021 COVID-19 quarantine/precautionary monitoring and social security cover for illness October 14, 2020January 17, 2021 Unlawful placement in redundancy scheme (CIG) and demotion: independently indemnifiable October 8, 2020January 17, 2021 Secondment of staff: an anti-crisis tool October 1, 2020January 17, 2021 Exceeding the period of sick leave: timeliness and notice September 24, 2020January 17, 2021 Unpaid contributions, damages and prescription September 17, 2020January 17, 2021 Contractual framework and correct level of classification September 11, 2020January 17, 2021 Collective and individual protective measures September 3, 2020January 17, 2021 Deadline to challenge the dismissal in Court August 27, 2020January 17, 2021 Dismissal for justified objective reason: formal requirements August 13, 2020January 17, 2021 Luncheon vouchers and remuneration August 6, 2020January 17, 2021 Employment Courts and Bankruptcy Courts: allocation of jurisdiction July 29, 2020January 17, 2021 Mutual termination and collective redundancies July 21, 2020January 17, 2021 Dismissal for poor performance July 16, 2020January 17, 2021 Dismissal for insubordination July 8, 2020January 17, 2021 Disciplinary dismissal and reinstatement July 2, 2020January 17, 2021 Individual transfer and legitimacy requirements June 26, 2020January 17, 2021 The absorbability of the so-called superminimum June 19, 2020January 17, 2021 Special paid leave and holidays June 12, 2020January 17, 2021 The requirements for a non-competition agreement to be deemed valid June 5, 2020January 17, 2021 Probationary period and duration limits May 28, 2020January 17, 2021 CIGS: effects of late application according to the Constitutional Court May 23, 2020January 17, 2021 INAIL (National Institute for Insurance against Accidents at Work) and indemnifiable illnesses May 16, 2020January 17, 2021 Safety at work and delegation of the prevention obligations May 13, 2020January 17, 2021 Same conduct, different sanctions May 8, 2020January 17, 2021 Is the employer obliged to grant smart working at the employee’s request? [Spoiler: NO] May 4, 2020January 17, 2021 Incomplete letter of complaint and disciplinary dismissal April 29, 2020January 17, 2021 Employees and Company files April 17, 2020January 17, 2021 Overalls time April 8, 2020January 17, 2021 Riders and protections against COVID-19 April 3, 2020January 17, 2021 COVID-19 Global Payroll Costs Reduction Analysis April 2, 2020January 17, 2021 Coronavirus “COVID-19” and management of the workforce for companies operating in Italy – UPDATE March 4, 2020January 17, 2021 Coronavirus – Italian Data Protection Authority: No to any “do-it-yourself” data collection initiatives March 4, 2020January 17, 2021 Smart Working and Coronavirus “COVID-19” February 26, 2020January 17, 2021 Dismissal for justified objective reason and burden of proof February 21, 2020January 17, 2021 Executive (dirigente) role: the hetero-direction is essential for the subordinate nature of the relationship. February 14, 2020January 17, 2021 Occupational illness or injury and protected period February 7, 2020January 17, 2021 Disciplinary process: illness is not always sufficient grounds to request postponement of hearing January 31, 2020January 17, 2021 Riders: employment protections confirmed January 27, 2020January 17, 2021 Increasing protections regime and fixed-term contract January 17, 2020January 17, 2021 Dismissal of executive January 10, 2020January 17, 2021 Retaliatory dismissal December 26, 2019January 17, 2021 Transfer of an Undertaking October 22, 2019January 17, 2021 Service contract October 21, 2019January 17, 2021
Protected period on case of illness: it is presumed the continuity of the illness even in vertical part-time work July 29, 2021
Italian Data Protection Authority: no indiscriminate monitoring of employees June 30, 2021July 1, 2021
An executive (dirigente) who chooses not to use up holiday entitlement loses the right to indemnity in lieu of same June 25, 2021
‘Regulating’ contents provided within the agreement entered into during a collective dismissal procedure June 23, 2021
Collective dismissal: it is irrelevant the intention to dismiss under art. 7, L. 604/1966 June 8, 2021
Time spent changing into and out of work clothes (so-called “donning and doffing”) is unpaid if the employee chooses when and where to do it June 8, 2021June 18, 2021
Waiver of notice by an employee is not valid as regards social security contributions due to INPS May 20, 2021
Economic dismissal: always reinstatement when the fact underlying the dismissal is manifestly unfounded April 15, 2021
Dismissal ban: dismissal for failing the probationary period is null and void if the employer needs to reduce costs April 12, 2021April 13, 2021
Transfer of part of an undertaking: functional autonomy and preexistence March 26, 2021April 13, 2021
The NCBA with an extension clause “until the new NCBA is signed” is not to be considered open-ended February 17, 2021February 17, 2021
Compensation for non-pecuniary damages due to demotion does not constitute taxable income February 11, 2021February 11, 2021
Disciplinary sanctions: limits to the Judge’s power to redetermine them December 19, 2020January 17, 2021
Legitimate controls on an employee who harasses a colleague and accesses her husband’s bank account November 25, 2020January 17, 2021
Nature and requirements of the subordinate employment relationship of dirigente (executives) November 12, 2020January 17, 2021
Purpose and limits of paid leave of absence permits under Law no. 104/1992 (to assist disabled family members) November 6, 2020January 17, 2021
COVID-19 quarantine/precautionary monitoring and social security cover for illness October 14, 2020January 17, 2021
Unlawful placement in redundancy scheme (CIG) and demotion: independently indemnifiable October 8, 2020January 17, 2021
INAIL (National Institute for Insurance against Accidents at Work) and indemnifiable illnesses May 16, 2020January 17, 2021
Is the employer obliged to grant smart working at the employee’s request? [Spoiler: NO] May 4, 2020January 17, 2021
Coronavirus “COVID-19” and management of the workforce for companies operating in Italy – UPDATE March 4, 2020January 17, 2021
Coronavirus – Italian Data Protection Authority: No to any “do-it-yourself” data collection initiatives March 4, 2020January 17, 2021
Executive (dirigente) role: the hetero-direction is essential for the subordinate nature of the relationship. February 14, 2020January 17, 2021
Disciplinary process: illness is not always sufficient grounds to request postponement of hearing January 31, 2020January 17, 2021
