ITA 
Requirements for the implicit application of the collective agreement
Il Quotidiano del Lavoro – Il Sole 24 Ore, 11 January 2022 – Marco Tesoro
«The implicit application of a collective agreement requires the evaluation of the concrete conduct of the parties, from which elements can be deduced such as to consider the binding nature of..
Public employment: autonomy of the disciplinary process from the criminal process
Il Quotidiano del Lavoro – Il Sole 24 Ore, 10 gennaio 2022 – Marco Tesoro
Court of Cassation (Ord. 41892/2021): the employer's right to re-activate the disciplinary process without an unchallengeable criminal sentence does not violate the principle of non-guilt under art 27 of the Constitution.
Legitimate intra-group transfer of undertaking and application of less favorable conditions
Il Quotidiano del Lavoro – Il Sole 24 Ore, 9 December 2021 – Marco Tesoro
According to the Court of Cassation (Ord. 37291/2021), the existence of a corporate link between the transferor and the transferee...
Credits from wrong tax withdrawal are salary credits
IL CORRIERE DELLE PAGHE – Il Sole 24 Ore, 9 December 2021 – Marco Tesoro
With judgment no. 34723 published on 16 November 2021, the Court of Cassation confirms the salary nature of the credits claimed by the employee against the employer, arising from the erroneous calculation of the IRPEF withholding.
Managers, inclusion in the register of suspects does not justify dismissal
GUIDA AL LAVORO – Il Sole 24 Ore, 3 December 2021 – Marco Tesoro
The involvement of the senior manager in a criminal investigation, even if for facts of considerable gravity, does not in itself justify dismissal for just cause. Cass. sez. lav. 16 November 2021, no. 34720
Presidentship of the Board incompatible with employment relationship
Quotidiano del Lavoro – Il Sole 24 Ore, 30 November 2021 – Marco Tesoro
Presidentship of the Board appointment is absolute incompatible with the employment relationship
Entry in the register of suspects does not justify dismissal
Quotidiano del Lavoro – Il Sole 24 Ore, 19 November 2021 – Marco Tesoro
«The involvement of a senior manager in a criminal investigation, even if for facts of considerable gravity, does not in itself justify dismissal for just cause»
No indemnity to the resigning employee if the employer waives the dismissal notice
GUIDA AL LAVORO – Il Sole 24 Ore, 5 November 2021 – Marco Tesoro
No indemnity in lieu of notice to the employee that resigns, if the employer waives the notice.
Unlawful transfer of undertaking: employment relationship de iure e de facto
Quotidiano del Lavoro – Il Sole 24 Ore, 4 October 2021 – Marco Tesoro
Agency: the stability pact is null, too onerous
Quotidiano del Lavoro – Il Sole 24 Ore, 17 September 2021 – Marco Tesoro
In the context of an agency relationship, the stability pact is considered null under Article 1344 of the Civil Code which, by providing for an excessively onerous penalty, significantly affects the normal right of one of the parties to withdraw, thereby severely restricting it.