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quarantine period

Exceeding the quarantine period

The case in question concerns a dismissal for exceeding the sick leave period.
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Retention and legal compliance start with the selection of personnel

In recent months, the well-known phenomenon of Great Resignation has again brought to the forefront the debate on staff retention.
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IT tools

The company must not lack regulations concerning the use of IT tools

The gradual spread of new technology and IT equipment in the workplace has forced companies to fulfil a series of specific legal and regulatory obligations.
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working mother

A working mother will be dismissed if there is just cause

In a very recent sentence and with the reform of that of the first instance version decison, the Court of Appeal of Venice considered the dismissal of a working mother…
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New applications for remote controls

Remote working has revealed itsefl to be a revolution in the methods of execution and management of the employment relationship.
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The Agreements to Curb Resignations

Since the beginning of the pandemic there has been an increase in resignations, especially by young people in search of a greater balance between their professional and private life.
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Minimum duration clause in the agency relationship: consequences of the withdrawal ahead of time

The contractual clause is valid - freely signed by the parties as part of their negotiating autonomy and bearing the double signing of the agent - concerning the payment of…
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Disciplinary assessment of criminally relevant non-work behaviour and just cause for dismissal

The Syracuse Labour Court confirmed the legitimacy of the dismissal for just cause of an employee for a serious fact constituting a crime committed outside the workplace.
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Dismissal of “controversial” top management is not a pretext

This was established by the Supreme Court with sentence no. 2256 of January 26, 2022. In the case examined, a top executive had sent an acrimonious email to the top…
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In the matter of heterodirection: mathematics is not an opinion

One of the areas where the jurisprudential debate is always alive and changing is the compatibility between the employment relationship and social position when these are headed by the same…
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article 18

When Article 18 of the Workers’ Statute flies out the door and returns through the window

Jurisprudence - as we know - sometimes really has a certain sense of British humour in governing the interpretation of the law and consequently the economic fate of the labour…
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Constitutional Reform: Environment and Animals

On 8 february 2022 the Parliament, on the basis of the rules that provide for the possibility of a constitutional revision without the need for a referendum, included among the…
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mandatory vaccination

Mandatory Vaccinations

On January 5, 2022, the Council of Ministers approved the decree containin "Urgent meausures to deal with the Covid-19 emergency, in particular in the workplace and in schools".
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Legal framework for remote working

Legal framework for remote working to be written

As has been said, the future (and present) of the world of work is a hybrid of the real world and the virtual world. The lockdowns were a tremendous opportunity…
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green pass

Green pass: the distinctions and table of permitted activities

The Government has published new FAQs on its website to clarify which Green PAss types there are and the differences between them in Italy.
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Suspension of entrepreneurial activity

Suspension of entrepreneurial activity in the event of serious violations of preventive regulations

The Nation Labour inspectorate, with circular letter no.4 of 9 December 2021, provided further operational indications of the institution of the suspension of entrepreneurial activity provided for by the new…
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the mobility manager

Mobility Manager

The canghes taking place in our society have led to the creation of new roles to be included in the world of work. Among these is that of the Mobility…
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contract of apprenticeship

Termination of the Contract of Apprenticeship

The Flourence Labour Law Judge rejected the request for a declaration of nullity / illegetimaticy / ineffectiveness of the termination of the apprenticeship contract inter partes put forward by a…
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termination notice

Termination Notice and the Right to Compensation

With ordinance no. 27934 of October 13 2021, the supreme Court ruled on the right of the terminating party to obtain payment of the substitute indemnity the event that the…
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sick leave limit

Sick leave limit exceeded – no notification from the company

In the event of dismissal for exceeding the number of sick days allowed, the employer is not obliged to alert the employee about the imminent deadline of the period, nor…
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mobilty manager

The canghes taking place in our society have led to the creation of new roles to be included in the world of work. Among these is that of the Mobility…
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greenpass in the company

Green Pass in the company: pending developments, the judgment of the competent doctor is central

Already a few months ago, I was one of the first address the problem of what could have been the consequences for unvaccinated workers in the company. Focusing on the…
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energy and climate

We must act immediately, all together, to avoid catastrophe

The G20 Ministerial Meeting on Energy and Climate closed with the communiquè signed for the first time jointly, with which the countries concluded by stating that to avoid catastrophe we…
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Censorship of the lawyer who uses inappropriate remarks about colleagues in correspondence, even if the facts are true

The sanction of centure inflicted on the lawyer who in a registered letter expressed inappropriate remarks about colleagues for activity carried out in a company labour dispute, of which he…
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uncollected registered letters

Uncollected registered letters are assumed to be known by the recipient when the postman leaves the mail notification

An employee sued his employer in order to obtain the annulment of the disciplinary sanction of the written reprimand, claiming that he had never previously received the letter of disciplinary…
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midweek holidays

Midweek holidays: the clause of the individual employment contract which provides for the commitment to perform during public holidays is legitimate

The possibility of asking employees to carry out work activities during midweek holidays is a question that, from an organizational and production point of view, affects significant economic sectors of…
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unlawful theft

Unlawful theft of large sums of money and conviction of the worker

The Court of Appeal of Milan, with its decision dated March 22 2021, sentenced the former administrative employee of a company to return the amount of over one million euros…
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reintegration not optional

Reintegration is not “optional” in dismissal for economic reasons: the decision of the Constitutional Court

The Constitutional Court has reminded us that, in cases of dismissal for organizational reasons, it is up to the employer to demonstrate the casual link that connects the lay off…
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sustainability and climate change

Sustainability and climate change:the toolscompanies can adopt

It is now Known, and we ourselves have already faced the importance of the concepts of sustainable development and social responsability within the work environment both when it comes to…
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covid vaccination

Covid-19 Vaccination Obbligation: The Privacy Guarantor Intervenes

Can employers ask their employees to get vaccinated against Covid-19 to access the workplace and perform certain tasks? Can they ask doctors for the names of their vaccinated employees? Or…
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blocking dismissal

Is Blocking Dismissals Illegitimate?

While a recent order of the Labour court of Rome extends the prohibition on dismissals for objective reasons as per Law April 24 2020 n.27, a recent ruling by the…
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Quarantine after holidays abroad: Fired!

The court of Trento opened up an inevitable debate with their ruling of January 21, 2021, dealing with a case that has been faced by many companies in this Covid-19…
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social responsability

Starting the New Year under the banner of Social Responsibility

Understanding and maintaining social responsibility is required by companies and professional firms.
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boban case

Boban Case: he did not violate his contractual obligations

The interview given to the newspaper "La Gazzetta dello Sport" by the former A.C. Milan Manager Zvonimir Boban did not lead to "any violation of his contractual obligations" as a…
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it checks

Lawful IT Checks on work

It is lawful and outside the prohibitions of Article 4 of the Workers' Statute, computer controls at work aimed at ascertating behaviours constituting damage to corporate image if it is…
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proof of damage

Proof of damage in case of demotion

The Court of Cassation with sentence 11 november 2020 n.23144, has made a decision on the request for compesation for damage resulting from an ascertained demotion.
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flexible clauses part time

Part-time, violation of flexible clauses and token compensation for damages

The sentence in question was pronounced on the appeal presented by a female worker, with part-time working hours and diverse duties as anusher, cashier and bartender at a multiplex cinema.
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digital office

The digital office means more responsibility for everyone

Remote working is a disruptive innovation with respect to work organization which is based on the stable presence of workers in company premises and on observance of fixed working hours.
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relief decree

Relief Decree of 28 October 2020

The Relief Decree "Decreto Ristori" published in the Official Gazzette, once againg extends the ban on dismissals until January, 31 2021.
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remote working

Remote working or Plato’s cave? The importance of an effective HR strategy

Remote working has been at the center of media attention for months, becoming a matter of discussion across almost all industrial and professional areas of the country.
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food stamps

The Legal Nature of Food Stamps and their revocability by the employer

The Supreme Court rejected the appeal proposed by the employee, unsuccessful in the previous judgment on the merits, recalling a consolidated orientation of the jurisprudence of legitimacy.
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potential remote working

The Potential of Remote Working depends on Individual Agreements

"Smart working" literally translated from English means "intelligent working". Our Legislator has called it "agile work" or "remote work". This new form of work, due to the health emergency linked…
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sustainability and ethics

Sustainability and ethics in the current work work environment

The term sustainability means the orientation towards adopting a lifestyle aimed at satisfying the needs of the present generation without compromising the ability of future generations. As for sustainabilty, the…
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unclear rules

Unclear rules, disputes on the way?

If in the coming months there is no concrete revival of the economy and a full resumption of business activity, we risk that the rules introduced by the August decree…
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