ITA 
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...
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.