ITA 
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.
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.
Dismissal, the Cassation on the aliunde perceptum
Quotidiano del Lavoro – Il Sole 24 Ore, 18 June 2021 – Marco Tesoro
Collective redundancies: evaluation of the family dependent criteria
Quotidiano del Lavoro – Il Sole 24 Ore, 12 maggio 2021 – Marco Tesoro
Il criterio di scelta dei carichi di famiglia va interpretato in via elastica – e onera il datore a valutare tutte le situazioni di fatto rilevanti – in quanto la ratio è di avere riguardo alla situazione economica effettiva dei singoli lavoratori in esubero, al fine di individuare quelli meno deboli socialmente. Questi,...