ITA 
Repêchage: duties actually performed must be considered
Published on Sole24Ore – NT Lavoro – on 01/11/2022. For the legitimacy of the dismissal for suppression of job and the ascertainment of the repechage impossibility it must be verify the lack of job positions respective to the duties assigned to the employee and carried out by him.
In the case decided by the Court of Cassation, with the judgment n. 30950 of 20 October 2022...
It is lawful to ban religious signs at the workplace
Published on Sole24Ore – NT Lavoro – on 20/10/2022. According to European legislation, the employer may legitimate prohibit employees from expressing their philosophical and religious convictions verbally, by clothing or in any other way.
Thus, the CGUE with the judgment of 13 October 2022 (cause C-344/20).
The case originates...
Medical check upon employee's return to work
Published on Sole24Ore - NT Lavoro - On 19/10/2022. An employee was dismissed for unjustified absence because, at the end of a continuous illness leave of more than sixty days, she had prolonged her absence without providing justification, while waiting for a medical suitability examination.
Professional illness can be proved also through presumptions
Published on Sole24Ore – NT Lavoro – on 13/10/2022. In the case examined by the Court of Cassation‘s judgment no. 29435/2022 of 10 October, a nurse working in an RSA claimed recognition of INAIL coverage and consequent compensation following the contractions of the HCV virus (hepatitis C).
Public manager is entitled to receive the indemnity in lieu of holidays not used
Published on Sole24Ore – NT Lavoro – on 11/10/2022. The case, subject of the Court of Cassation’s judgment no. 29113/2022 of 6 October originates from a public manager’s appeal following the refusal by the local Health Authority to pay her, on termination of her employment, the indemnity in lieu of leave accrued over the last 15 months...
Dismissal during the protected period: reinstatement also for small companies
Published on Sole24Ore – NT Lavoro – on 23/09/2022. The «attenuated» reintegration protection pursuant to Article 18 (4) applies in the event of dismissal in violation of Article 2110 (2) of the Civil Code regardless of the number of employees of the employer.
Thus, the Court of Cassation, with its judgment no. 27334 of 16 September 2022.
Inadmissible the witness proof on the dismissal letter
Published on Sole24Ore – NT Lavoro – on 14/09/2022. The way in which the dismissal is communicated cannot be the subject of witness proof, since it is an act for which the written form ad substantiam is required.
Thus, the Court of cassation with its judgment no. 26532/2022.
T.U.P.E. law provisions for company in crisis
Published on – Sole24Ore – NT Lavoro – on il 30/08/2022. In the event of the transfer of a company in crisis, the Association union’s agreement may derogate from Article 2112 of the Civil Code without prejudice to the obligation to transfer all employees in the event of continuation or non-termination of the activity. Thus, the Court of cassation with its judgment no. 25055 of 22 August 2022.
Lawful the dismissal notified indirectly
Published on Sole24Ore – NT Lavoro – on 29/08/2022. The intention to dismiss can be communicated to the employee indirectly, since there is no burden on the employer to adopt sacramental formulas.
Thus, the Court of cassation with its judgment no. 24391 of 5 August 2022.
Union authorization to transfer the public manager
Published on Sole24Ore – NT Lavoro – on 05/07/2022. The transfer of a public executive ordered without the prior authorisation of the Association Union to which he belongs, even in the presence of situations of environmental incompatibility capable of justifying the transfer pursuant to Article 2103 of the Civil Code, is anti-union.