The proof of the demotion
2 April 2024
Proof of demotion can also be provided by allegation of presumptions In its Order no. 6275 of March 8th, 2024, the Supreme Court reiterated that although damage from demotion is not in re ipsa, presumptions can also provide proof of the same. The case stems from an appeal by an employee who complained that he […]
The Italian “contract of stay” for foreign workers
21 March 2024
When foreign workers access Italian soil to perform professional activities under subordinate employment relationships, the latter undertakes to individually execute a so-called “contract of stay” once they arrive in Italy, which allows them to stay in the country lawfully. Section 5-bis of Legislative Decree no. 286/1998 (i.e., the Italian consolidated act on immigration) was established […]The monetisation of leaves at the end of the employment relationship
19 February 2024
It is contrary to European Union law to prohibit the payment of an allowance to an employee concerning leave days not taken at the time of termination of employment. In its decision of 18 January 2024, delivered in Case C-218/22, the European Court of Justice ruled that national provisions to contain public expenditure do not […]Remuneration during the annual leave
30 January 2024
The remuneration to be paid to the employee during the annual leave must also include allowances linked to the performance of specific tasks; otherwise, employees would be induced to give up their rest period. The case examined by the Supreme Court arose from the judicial appeal filed by some workers who asked the Court to […]Mandatory recording of working hours in Italy and Europe
24 January 2024
The amount of the monthly remuneration reported in each pay slip issued to employees is not always the same, given that these sums are made up of several elements, which may change from one reference period to the other, including – for various reasons – the number of hours worked. Especially when many employees are […]Issues related to in-house service company agreements.
19 December 2023
In-house service company agreements are unlawful if the contractor does not bear the economic risk and does not create an organisation enabling the achievement of a productive result. So-called in-house service contracts are those related to the assignment of activities to an external contractor that are strictly connected with the overall production cycle of the […]What moonlighting is and how it is applied in Italy
1 December 2023
There are several reasons why an employee might decide to embark on a new employment relationship while still entertaining one with the first employer. However, the Italian laws only allow such a decision under certain conditions. The so-called moonlighting phenomenon has a particular translation in the Italian jurisdiction. The moonlighting phenomenon has an Anglo-Saxon origin, […]Dismissal of an employee who refuses to move from a part-time to a full-timeregime
21 November 2023
An employee who refuses to amend his employment relationship by accepting a full-time schedule may be dismissed because the part-time work cannot be used, but not because of the refusal standing alone. In its Order No. 29337 of 23rd October 2023, the Supreme Court stated that, in the event of a refusal to transform the […]Unlawful dismissal for exceeding grace period if employer denied vacation time
26 October 2023
It is unlawful to dismiss an employee on the grounds of exceeding his grace period if the employer refuses to allow him to take his accrued leave without valid reasons justifying the refusal before the grace period ends. The case before the Court examines the dismissal of an employee for exceeding his grace period, which […]The remote worker's safety abroad
15 September 2023
The employer must ensure the employees' health and safety even when performing their performance from abroad. The legislation regulating remote working, Law No. 81/2017, does not prevent remote performance by employees outside Italy. The performance of work abroad does not exclude, though, the employer's obligation to guarantee employee protection from the point of view of […]