Dismissal ban: dismissal for failing the probationary period is null and void if the employer needs to reduce costs
Published on «Quotidiano del Lavoro – Il Sole 24 Ore» April 12th, 2021 – Marco Tesoro
During the dismissal ban, the dismissal served for failing the probationary period is null and void for unlawful determinant reasons...
Collective redundancy: scope of application of the selection criteria
An employer may not limit the choice of workers to be made redundant only to employees assigned to the department to be abolished or downsized,...
Transfer of part of an undertaking: functional autonomy and preexistence
Transfer of part of an undertaking: functional autonomy and preexistence
Commercial agency and withdrawal for just cause
The right to withdraw for just cause pursuant to art. 2119 of the Civil Code also applies to agency contracts, bearing in mind, however, that the fiduciary relationship in such contracts...
European Court of Justice (ECJ): stand-by time and working time
A period during which an employee is on call or on standby constitutes working time only if the constraints imposed significantly affect his ability to manage his leisure time during that period....
A year on from Italy’s blanket redundancy ban
Published on «International Employment Lawyer» March 11th, 2021 – Sharon Reilly
As one of the first countries to declare a state of emergency and go into full lockdown
Straining and damages
An employer is obliged to pay damages for injury to health caused by conduct of “aggressive distrust”
Court of Cassation, Employment Section 2 March 2021 no. 5639
The so-called three-phase path for correct job classification
In determining the classification of a worker we cannot ignore the so-called three-phase process.
Court of Cassation, Employment Section, Judgement 8 February 2021, no. 2972