Evidence of hetero-direction for establishing the existence of the employment relationship
8 March 2023
Even without the element of subjection to the employer's directive power, it is possible to prove the existence of the employment relationship through presumptions. The Supreme Court examined an employee's claim to establish the existence of an employment relationship with a company for which he provided consultancy services. As is well known, Article 2094 of […]
New crisis code: union disclosure in business transfer
22 February 2023
Pursuant to the new paragraph 1-bis of Article 47 Law no. 428 of 1990, in the context of the crisis and insolvency regulation instruments, prior notifice to the trade unions of the intention to proceed with the transfer of the business may also be given only by those who intend to make an offer to […]Same conducts but different disciplinary measures: the employer's and employee's burdens
9 February 2023
The Italian Supreme Court stated that the employer has no obligation to prove the fairness of the different treatment reserved to employees who have been subjected to two different disciplinary sanctions for the same conduct. With judgement no. 22115/2022, the Italian Supreme Court ruled on the employer's duty to justify the application of different measures […]Compensability of "overwork" damage
25 January 2023
When judicial claim is raised in order to obtain compensation under Article 2087 of the Italian Civil Code for damages caused by the performance of work in excess of reasonable tolerability, the employee must prove the performance of the service in a harmful manner and the connection between the work thus carried out and the […]Legitimacy of dismissal for personal use of trade union permits
12 January 2023
Employees who hold roles which require them to attend trade unions organs, shall have the right to benefit permits allowing them to join the relevant meetings, as well as the duty to use such permits only for the purposes to which they are granted. With Ordinance no. 26198/2022, the Italian Supreme Court stated that taking […]Collective dismissals in companies groups
14 December 2022
On the subject of collective dismissals, when within several companies a single entity is established as the reference employer for them all the collective dismissal must involve all the employees in the entire group, even if there is no proof of the mixed use of the duties assigned to the dismissed employees. In Order No. […]Network contract and double-employer regime
28 November 2022
Many companies work together daily on the same projects and through the same employees, so much so that it is not unlike that they all end up identifying as one. Such possibility is provided according to different terms and conditions and regulations to comply with within the so-called “double employer regime”; this article intends to […]New starting date for the statute of limitations for employment claims
28 November 2022
In its ruling no. 26246 of Sept. 6, 2022, the Italian Supreme Court ruled that the statute of limitations for employment claims runs from the termination of employment. The Italian Supreme Court has ruled on the five-year statute of limitations for claims related to entitlements accrued by employees during their employment. The issue had been […]The termination of employment relationship due to an employee's unjustified absence.
25 October 2022
The conduct of an employee who is absents from work without justification is reprehensible as it has the purpose of forcing the employer to fire him and obtain the benefit of Naspi. To be absent from work without providing any justification in order to induce the company to notify a dismissal for unjustified absence and […]The probationary period in labor contracts after the Transparency Decree
25 October 2022
The Transparency Decree, implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union, introduces important change to employment regulation, such as, for example, the probationary period, which cannot be longer than six months, unless a shorter duration is provided by the collective bargaining agreements. In our legal system, the rule […]