News

All the latest news on events, interviews and press reviews dedicated to labour law

Categories: Publications | Tag: Court of Cassation, Health & Safety

Sending the medical certificate by fax is a valid method of notification of illness by the employee, as it is expressly provided for in the company’s rules. The Supreme Court, in its order no. 25661 of 25 September 2024, held that the dismissal of an employee who communicated his illness via fax, while on holiday ....

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Categories: Publications | Tag: Health & Safety, RLS

With Order No. 23850/2024, published on 5 September 2024, the Supreme Court clarified that employees who also act as workers’ safety representatives (“RLS”) are entitled to the same protection as trade unionists. This means that “RLSs” can use harsher tones than those “normally allowed” for an employee, because they stand on an equal footing with ....

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Categories: Publications | Tag: Dismissal, Sick leave

The Court of Cassation, by its decision no. 23858 of 5 September 2024,  confirming its previous ruling, stated that, in the hypothesis of a disciplinary dismissal for carrying out other activities during sick leave, the employer bears the burden of proof that the illness is simulated or that the activities carried out during the days ....

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Categories: Publications | Tag: Dismissal, Court of Cassation

Decree-Law No. 131/2024, published in the Official Gazette on 16 September and in force since 17 September, introduced important changes for employers in the management of fixed-term contracts. This measure, known as the “Decreto Salva Infrazioni”, meets the request of the European Union – which started an infringement procedure against Italy – to align national ....

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Categories: Publications | Tag: malattia, Dismissal, Court of Cassation

The Supreme Courte, by its decision no. 23852 of 5 September 2024, examined the question of the dismissal for just cause of an employee who, during a period of illness, participated in a football tournament already scheduled, thereby breaching his obligations of diligence, loyalty and fairness, thus jeopardising his recovery or return to work. The ....

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Categories: Publications | Tag: Dismissal, Dismissal for just cause, Court of Cassation

On 16 September was published in the Official Gazette the Decree-Law no. 131/2024 (i.e. “Decreto Salva Infrazioni”) – in force since 17 September – which also intervened on the regulation of fixed-term contracts through which the European Union requested Italy to align Italian legislation with EU Directive 1999/70/EC on fixed-term work. The “Salva Infrazioni” decree ....

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Categories: Publications | Tag: Court of Cassation, Privacy

This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024. In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier ....

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Categories: Publications | Tag: Court of Cassation, permessi 104, Legge 104, Law 104/94

The Court of Cassation, in its decision no. 24130 of 9 September 2024, provided important clarifications regarding the use of work permits under Law no. 104 of 1992, stating that a worker may be absent for short personal activities, such as shopping, and that this does not automatically entail an abuse of the right or ....

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