ITA 
Proximity agreement effective erga omnes
Published on ole24Ore – NT Lavoro – on 29/03/2023 The Constituional Court, with the judgement 52/2023, declared inadmissible the question of legitimacy raised with reference to Article no. 8 of the Decree-Law no. 138/2011.
The issue has been raised by the Court of Appeal of Naples, called upon to decide about the legitimacy of the employees’ claims refereed to the non-payment of some...
Permits 104, predominantly aid use sufficient
Published on Sole24Ore - Nt Lavoro - on 15/03/2023. The case of the Court of Cassation’s judgment no. 7306 of 13 March 2023, originates from the dismissal for just cause imposed to an employee who used the permits 104, also for a use different to that provided for by the law.
Unlawful business transfer: prior to judgment, compensation after notice of default
Published on Sole24Ore – NT Lavoro – on 13/03/2023 A transfer of a branch of a business was declared unlawful, and the transferor was ordered to pay the transferred employee compensation for the invalid transfer and the salary differences accrued after the transfer. According to the Court of Appeal, the retributive nature...
The NCBA for the tertiary sector provides the possibility of exceed the protected period in case of summation of distinct illness period.
Published on Sole24Ore – NT Lavoro – on 22/02/2023 The Court of Cassation, in its judgment 5288/2023 of 20 February, upholding an appeal for revocation based on Article 391-bis of the Code of Civil Procedure, provided a complete examination of the provisions of the NCBA of the tertiary sector on the protected period, in the sense of considering a protected period by summation...
If the collective redundancy refers to the generic situation of the company, it cannot be limited to one location
Published on Sole24Ore – NT Lavoro – on 10/02/2023 In the context of collective redundancies, the employer may limit the number of workers to be dismissed to a production unit provided that the notice of opening of the procedure indicates both the reasons limiting the redundancies to the employees of the unit in question and the reasons why he does not consider it possible to remedy them...
Employers must be neutral in case of unions fights
Published on Sole24Ore – NT Lavoro – on 06/02/2023 For the Supreme Court, the employer is obliged to maintain a neutral attitude in relation to the behaviour of its employees in conflicts between trade unions.
The employer is required to maintain a neutral position in relation to the conduct of its employees...
The suspension of the obligation to hire disabled workers does not allow to dismiss them
Published on Sole24Ore – NT Lavoro – on 06/12/2022 While the suspension of hiring obligations allows the employer not to hire workers in order to maintain or supplement the mandatory quota provided by law, it does not legitimise the dismissal of disabled workers.
Thus, the Court of Cassation with its judgment no. 35035/2022.
Buyer responsible for unlawful dismissals served by the seller, before the transfer of the company
Published on Sole24Ore – NT Lavoro – 18/11/2022 The case examinated by the Court of Cassation with the judgement no. 33492 of 14th November 2022 originates from a collective redundancy procedure started for company crisis initiated due to company crisis, which ended with a union agreement acknowledging the company's intention to dismiss all the employees...
Non-compete covenant: the variable compensation does not automatically invalidate the agreement
Published on Sole24Ore – NT Lavoro – on 15/11/2022. The variability of the payment of the non- compete covenant with respect to the duration of the employment does not mean that it is not determinable on the basis of objective parameters, whereas the question of nullity on the grounds of the indefiniteness or indeterminability of the payment (Article 1346...
Unique center of interests: the collective dismissal must involve all the employees
Published on Sole24Ore – NT Lavoro – on 10/11/2022. Where there is in fact a single employer between several companies, the collective dismissal procedure must involve all the employees of the single company complex resulting from that integration, event in the absence of proof of the mixed usage of the activities of the employees dismissed.