ITA 
Unlawful business transfer: prior to judgment, compensation after notice of default
Pubblicato su: Il Sole24Ore – NT Lavoro – 13/03/2023
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The NCBA for the tertiary sector provides the possibility of exceed the protected period in case of summation of distinct illness period.
Pubblicato su: Il Sole24Ore – NT Lavoro – 22/02/2023
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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.
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...