ITA 
Challengeable the settlement signed before the Prefect
Published on Sole24Ore – Nt Lavoro – on 08/09/2023. The settlement signed before the Prefect does not fall under the cases referred to in Art. 2113, last paragraph, of the Civil Code, including that referred to in Article 412-ter of the Code of Civil Procedure.
Workplace accident, settlment and success health condition aggravation
Pubished on Sole24Ore - Nt Lavoro - on 05/09/2023. The injured party who settled the disputes could ask the reimbursement for the damages which appeared after the settlement and were not predictable at thereto time. He could also if the settlement mentioned the future damages.
Irreducibility of salary to be coordinated with the “ius variandi” of the employer
Published on Sole24Ore – Nt Lavoro – on 08/08/2023. The guarantee of the irreducibility of salary extends only to remuneration compensating for the essential intrinsic professional qualities of the assigned duties...
Transferee not responsible for employee credits termined before the business transfer.
Published on Sole24Ore – Nt lavoro – on 26/07/2023. The solidarity regime under Article 2112 of the Civil Code presupposes the existence of the employment relationship at the time of the business transfer.
Thus, the Court of Cassation, in its judgment no. 21961 of 21 July 2023.
It's discriminatory to have the same minimum height requirement for women and men
Pubblished on Sole24Ore – Nt Lavoro – on 07/07/2023. Exclusion from the selection process for failure to meet the minimum height requirement, set at 160 cm for both male and female applicants, it’s an indirect gender discrimination. Thus, the Court of Cassation with its judgment no. 18522 of 28 June 2023.
Termination indemnity not due to the agent who takes to the anticipated pension
Pubished on Sole24Ore – NT Lavoro – on 26/06/2023. Termination indemnity, pursuant to article no. 1751 Civil Code, it’s not due to the agent who terminate the agreement to take the anticipated pension. Thus the Court of Cassation, with its judgement no. 17235 of 15 June 2023.
In the present case, the agent...
The determination of the day form which the limitation period for bringing an action for damages arising from a professional illness begins
Published on Sole24Ore – NT Lavoro – on 30/05/2022.
An action for damages arising from a professional illness is time-barred from the time at which the employee or his heirs can reasonably be deemed to have perceived the illness as unfair damage resulting from unlawful conduct of the employer.
Less compensation if the dismissal is based on an incorrect assessment by the local health authority
Published on Sole24Ore – NT Lavoro – on 17/05/2023. The company that inflicts an illegitimate dismissal based on the erroneous judgement of the employee’s physical unfitness to work, formulated by a public health authority on the basis of Article 5 (3), of Law 300/1970, is deserving of compensation limitation. Thus, the Court of Cassation, in its judgment no. 11248/2023 of 28 April.
No reinstatement in case of late disciplinary dismissal
Published on Sole24Ore - NT Lavoro - on 27/04/2023. A dismissal for just cause notified over the time limit provided for by the NCBA applied to the employment was deemed unlawful by the Court of first instance and by the Court of Appeal. In particular, the NCBA provides that «the notice of the measure must be sent written to the employee within and no later than 30 days from...
Applying ordinary illness protected period to a disabled employee constitutes indirect discrimination.
Published on Sole24Ore – NT Lavoro – on 11/04/2023 The application of the ordinary illness protected period to a disabled employee is an indirect discrimination, because disabled employee is exposed to the additional risk of absence due to an illness related to his condition. Thus, the Court of Cassation with the judgement no. 9095/2023 of 31 March.