Insights

On 20th February next, it will come in to force the rules contained in the Legislative Decree no. 5/2010 implementing the EU Directive no. 54/2006 concerning equal of opportunities and treatment between women and men at work.

The Court of Cassation has established that, in dismissals for cause, immediateness of the notice of the expulsive measure with respect to the moment of the failure which grounded said measure, or that of the notification, amounts to a constitutive item of the employer’s right of withdrawal, since the non-immediateness of the notification or of ....

The Court of Cassation has clarified that dismissal of a disabled person working when there are jobs in the company which are compatible with his/her disablement, even if covered by other employees, is unfair.

The Finance Act for 2010 has been finally approved. The so-called ‘Welfare Package’ has brought about many changes.

By way of approval of Italian Law No. 172 dated 13 November 2009, the so-called Health ‘unpacking’ from the Employment Ministry has been foreseen.

The Ministry for Welfare, by Circular No. 36/09, has drawn the attention of Local Labour Authorities to the privileging of the ‘preliminary monocratic settlement’ in their respective inspection activities, in view of the rapid resolution of employment disputes.

The Employment Court of Milan has acknowledged the lawfulness of a dismissal for cause based on the instrumental and incorrect use of the sick leave certificate.

The laws and regulations on prevention of accidents in the workplace are aimed at protecting the worker not only from accidents deriving from his/her carelessness, but also from those which may be ascribed to imprudence, unskilfulness and negligence.