The Constitutional Court finds that the question of constitutionality raised with reference to Article 18(7)(2) of Law no. 300/1970, as amended by the Fornero reform,…
Published on «Quotidiano del Lavoro – Il Sole 24 Ore» April 12th, 2021 – Marco Tesoro During the dismissal ban, the dismissal served for failing…
An employer may not limit the choice of workers to be made redundant only to employees assigned to the department to be abolished or downsized, if they are qualified to do…
Continue reading → Collective redundancy: scope of application of the selection criteria
Published on «Quotidiano del Lavoro – Il Sole 24 Ore» March 26th, 2021 – Marco Tesoro For the purposes of the application of article 2112…
Continue reading → Transfer of part of an undertaking: functional autonomy and preexistence
The right to withdraw for just cause pursuant to art. 2119 of the Civil Code also applies to agency contracts, bearing in mind, however, that the fiduciary relationship in such contracts assumes…
Continue reading → Commercial agency and withdrawal for just cause
A period during which an employee is on call or on standby constitutes working time only if the constraints imposed significantly affect his ability to…
Continue reading → European Court of Justice (ECJ): stand-by time and working time
Published on «International Employment Lawyer» March 11th, 2021 - Sharon Reilly As one of the first countries to declare a state of emergency and go into full…
Continue reading → A year on from Italy’s blanket redundancy ban
An employer is obliged to pay damages for injury to health caused by conduct of "aggressive distrust" Court of Cassation, Employment Section 2 March 2021 no. 5639 In the case in question,…
In determining the classification of a worker we cannot ignore the so-called three-phase process. Court of Cassation, Employment Section, Judgement 8 February 2021, no. 2972 The case originates from an appeal lodged by an employee to…
Continue reading → The so-called three-phase path for correct job classification
The expression "until the new National Collective Bargaining Agreement is signed” indicates the willingness of the parties to the contract to be bound by it until further negotiation and signing. The intent to express a final…
