Insights

With the order No 7306 of 13 March 2023, the Italian Court of Cassation ruled that in the event that the worker, during the use of paid leave under Article 33, paragraph 3 of Italian Law 604/92, carries out the assistance activity in times and ways such as to mainly satisfy the needs of seriously ....

In its recent judgment No 5288 of 20 February 2023, the Italian Court of Cassation ruled that, with reference to the national collective bargaining agreement for employees in the tertiary sector (hereinafter the ‘CCNL’), the job retention period of 180 days, to be calculated in a calendar year starting from the first episode of illness, ....

With the recent order No 1584 of 19 January 2023, the Italian Court of Cassation addressed dismissal for ‘poor performance’, stating that conduct that had previously been the subject of separate disciplinary proceedings cannot be used as a basis for dismissal on the grounds of poor performance. Poor performance consists in a breach by the ....

On 29 December 2022, Italian Law No 197/2022, entitled ‘State budget for the financial year 2023 and multi-year budget for the three-year period 2023-2025’ (‘Bilancio di previsione dello Stato per l’anno finanziario 2023 e bilancio pluriennale per il triennio 2023-2025’ – hereinafter ‘Budget Law’) was published in the Italian Official Gazette. The above-mentioned legislation, among ....

The Italian Court of Cassation, with judgment No 33134 of 10 November 2022, established that there is no unjustified absence if a worker delivers the medical certificate of illness after receiving the disciplinary complaint. The facts of the case Following an unjustified absence lasting seven days, a worker was dismissed for just cause. Both the ....

In its order no. 25287 of 24 August 2022, the Court of Cassation ruled on monitoring carried out by the employer and confirmed the legal principles within which the employer may use a detective agency.   This case involved a worker dismissed because he was accused of leaving the workplace repeatedly during working hours, for activities ....

On 23 September, Decree Law  144/2022 ( Aiuti-ter (Aid ter) decree) was published on the Official Gazette. The Decree introduced significant changes which benefit workers and established new and different allowances for employees, self-employed workers and other categories. This is additional to the provisions of the Aiuti (Aid) decree (Decree Law 50/2022) and modifies the ....

The Court of Cassation,  IV criminal section, in its ruling no. 23809 of 21 June 2022, clarified the definition of “worker” for workplace health and safety purposes. Facts of the case The case arose from the accident that occurred to an “illegal” worker who fell from the provided ladder while he was trying to remove ....