ITA 
Unlawful business transfer: prior to judgment, compensation after notice of default
Published on Sole24Ore – NT Lavoro – on 13/03/2023 A transfer of a branch of a business was declared unlawful, and the transferor was ordered to pay the transferred employee compensation for the invalid transfer and the salary differences accrued after the transfer. According to the Court of Appeal, the retributive nature...
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...
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.
Data Privacy protections for all kind of employment relationships
Published on Sole24Ore - NT Lavoro - on 20/05/2022. Data processing carried out using information technology must comply with respect for the rights, fundamental freedoms and dignity of the data subject, regardless of the type of contract governing the employment relationship.