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, […]
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, […]Garden Leave
28 April 2023
The “Garden Leave” is a contractual clause used mainly in the United States and the United Kingdom, which grants employees a paid leave within the execution of the notice period to prevent them from engaging, during that time, in competitive conduct that could be detrimental to the employer. One of the contractual obligations to which […]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 […]Managerial relationship: limits to the right to criticise of the employer
25 October 2022
The Italian Supreme Court, in its ruling no. 17689 of 31 May 2022, has expressed again on the limits of an Executive’s right to criticise of the employer company and the consequent legitimacy of the dismissal served in case the employer considers such limit exceeded. The case submitted to the Court's examination stems from the […]