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 […]
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, […]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 […]Formal requirements in employment contracts with transnational features
28 July 2023
A contract can only be considered valid and effective when specific requirements are duly fulfilled, including those relating to the form of the agreement. With particular reference to contracts regulating employment relationships with transnational features, things can get further complicated. Below is a brief examination of the most relevant aspects to be considered. In Italy, […]Repêchage obligation extended to vacant positions in the future
28 June 2023
The employer, in fulfilling the duty of repêchage, must also take into account job positions which, although still occupied at the time of dismissal, will become available within a time frame close to the termination. In its decision no. 12132 of May 8, 2023, the Supreme Court extended the applicability of the repêchage obligation to […]Legitimate disciplinary sanction imposed based on video surveillance images
10 May 2023
Using images from the video surveillance system installed in the company for security reasons to prove an employee's disciplinary misconduct is legitimate. The Supreme Court, in its order no. 8375 of March 23rd, 2023, declared the lawfulness of using video surveillance system footage to report an employee’s misconduct, provided that it is evaluated within a […]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 […]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. […]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 […]