EU Directive on collective dismissal also applies when the employer retires
23 September 2024
Rules of member states that do not provide for applying the law on collective dismissals to terminations of employment relationships caused by the employer's retirement are contrary to European law. The case examined by the Court involved eight Spanish employees who challenged the dismissal imposed on them when the company closed due to the employer's […]
Compensation in case of misclassification of self-employment relationship
5 August 2024
In cases where the subordinate nature of the employment relationship is established, the indemnification regime under Article 32 of Law No. 183/2010 does not apply, but the ordinary compensation regime does. In the case at hand, a journalist whose employment relationship had ended after he had been employed as a self-employee by a newspaper, with […]The CJEU on a different term to challenge the dismissal of pregnant employees
29 July 2024
The regulatory treatment of pregnant employees is a particularly sensitive issue in any jurisdiction. A recent case occurred in a similar scenario and requested the intervention of the Court of Justice of the EU, which, in ruling on German legislation, shared a principle of law potentially applicable to each member State. An employee hired by […]Limits of the repêchage duty in redundancy cases
18 July 2024
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
1 July 2024
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
19 June 2024
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
29 May 2024
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
23 May 2024
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 […]Trade NCBA renewal agreement: the new leave for women who suffered a gender-based violence
30 April 2024
As the NCBA applicable to trade and commerce employment relationships has recently been renewed, the representatives of the employers and the employees took into specific account, among other things, also the social status of male and female workers, providing for a new leave for women who have suffered gender-based violence. The National Collective Bargain Agreement […]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 […]