Demotion agreement: requirements for validity and damages
Court of Cassation Order 8 July 2021 no. 19522
A demotion agreement which, for the sole purpose of avoiding dismissal, ...
Unlawful TUPE and the effect on salary
Court of Cassation Order 14 June 2021 no. 16719
In the case under discussion, where a TUPE transfer is declared illegitimate,...
Italian Data Protection Authority: no indiscriminate monitoring of employees
Injunction against Municipality of Bolzano – 13 May 2021
It is not possible to monitor employees’ Internet surfing in an indiscriminate manner...
An executive (dirigente) who chooses not to use up holiday entitlement loses the right to indemnity in lieu of same
Court of Cassation with Judgement No. 15952 of June 8, 2021
A top-level manager who, despite having the power to decide freely when to take holidays, does not use up his/her annual leave, is not entitled to indemnity in lieu unless...
Valid the provisions regulating the union agreements at the end of the collective dismissal procedure
Quotidiano del Lavoro - Il Sole 24 Ore, June 23, 2021 - Marco Tesoro
The trade union agreement concluded at the end of the collective dismissal procedure may also contain clauses...
Dismissal, the Cassation on the aliunde perceptum
Quotidiano del Lavoro - Il Sole 24 Ore, June 18, 2021 - Marco Tesoro
The aliunde perceptum is not deductible from damages for wrongful dismissal if the activity carried out between ...
Time spent changing into and out of work clothes (so-called “donning and doffing”) is unpaid if the employee chooses when and where to do it
Donning and doffing is not remunerated if the employer has no say in where, when and how it is done.
Court of Cassation, labour section, order no. 15763 of 7 June 2021
Collective dismissal: it is irrelevant the intention to dismiss under art. 7, L. 604/1966
Quotidiano del Lavoro – Il Sole 24 Ore, June 4th 2021 – Marco Tesoro
To start multiple procedures under Article 7 of Law 604/1966, for the...