Limits of the repêchage duty in redundancy cases
The repechage duty must be limited to lower duties compatible with the employee's skills, professional background and training at the time of dismissal. In the case at issue, some employees challenged the dismissal, complaining that it had not been pre-ceded by an assessment of their possible repêchage, meaning their assignment to a different job that […]
The distribution of profits to employees through stock option plans
An employer may reward its employees in cash or in kind, as well as allow them to access the company's profits. Of course, the employer must consistently implement said choice in compliance with the precise rules and strict processes above all when realised through stock granting or other securities. An employer often acknowledges its employees […]New European directives on gender equality
EU Directives 1499 and 1500 of May 29, 2024, will come into force on June 18, 2024. These directives change the rules governing the essential requirements for the operation of national authorities responsible for supervising the proper implementation of equal treatment principles in the workplace. EU Directives 1499/2024 and 1500/2024, which will come into force […]The Damage to the employee's professionalism in the layoff fund
The employee's unlawful placement in the work-suspension regime and the resulting inactivity create a loss of professionalism for the employee, who must be compensated. In a landmark decision, the Supreme Court, in its Order No. 10267 of April 16, 2024, ruled that an employee unlawfully placed in the work-suspension law regime is entitled, in addition […]Working activities executed through platforms: latest updates from the EU
In Italy, determining the correct scheme of regulations to apply to platform workers remains a heated topic, revived by recent judgements of the Employment Courts. The latest European directive, whose formal adoption by the European Council is still awaited, may solve these discussions. On April 24th, 2024, the European Parliament formally adopted the content of […]