Categories: Case Law
In ruling no. 20523 of 27 June 2022, the Court of Cassation stated that “the right to choose the office closest to the home of the disabled person to be assisted is not an absolute and unlimited subjective right but is subject to the decision of the Administration which, according to its organisational needs, may ....
Categories: Case Law
In its order no. 20313 of 23 June 2022, the Court of Cassation stated that the compensation due to the worker unlawfully dismissed must be based on the last overall remuneration from the dismissal day until the day of reinstatement. Any amount received by the worker by way of aliunde perceptum or percipiendum (earnings from ....
Categories: Do you know that
On 22 June 2022 the Council of Ministers, definitively approved the draft legislative decree implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union ( “Transparency Decree”). The draft decree introduces new disclosure obligations in addition to the applicable legislation (Legislative Decree no. 26 May 1997, no. 152), which the ....
Categories: Publications
The new reporting obligations for workers that will come into force with the Transparency Directive (2019/1152) will apply to business relationships with a predominantly personal service, long-term consultancies, occasional service contracts and temporary employment. New obligations for employers and principals with the Transparency Directive, 2019/1152. The changes in the draft legislative decree were approved by ....
Categories: Publications
In ruling no. 19321, published on 15 June 2022, the Court of Cassation considered the dismissal for justified subjective reason for an employee who worked during leave for “serious family reasons” legitimate. In the case covered by the Court of Cassation’s ruling no. 19321/2022, on 15 May 2017, a worker requested to take leave from ....
Categories: Interviews
Economic growth is slowing down, and it is feared that many companies will have to close in the months to come. However, structural changes that are taking place in society are leading to an increasing demand for professional profiles that are difficult to find on the market because training is evolving too slowly. Employment continues ....
Categories: Publications
Examination of the relationship between contractual and corporate welfare (where works and services are not subject to contributions and taxation) and the social security contribution obligation compliance document (DURC) which is indispensable for accessing the regulatory and contributory benefits provided for by the labour and social legislation Contractual welfare is the worker protection and welfare ....
Categories: Publications
The Court of Vasto (judgement 116/2022), has ruled that non-compliance, by the employer, of the commitment to reopen negotiations for the renewal of the company’s supplementary agreement, in breach of the conciliation agreement signed with a trade union organisation, constitutes anti-union behaviour. According to the Court, the conduct violated the principles of fairness and good ....