The so-called ‘Fornero’ rite Fornero was (again) superseded by the provisions of Legislative Decree No. 149/2022, which restored the previous procedural discipline. Interpretative and applicative doubts arose in the transitional phase. The provisions repealing the Fornero Rite apply exclusively ‘to proceedings’ commenced on or after 28 February 2023. But by ‘proceedings’ what degree is meant? […]
This was recently recalled by the Court of Ancona in its ruling of 1 March 2025. The Court of Ancona, considering the dismissal unjustified and arbitrary, ordered the defendant company to reinstate the worker. The decision was made on the illegitimacy of a dismissal based on absences and the employer’s refusal to accept the withdrawal […]
Messages exchanged in a private ‘chat’ are not suitable for defamatory conduct. This was reaffirmed by the Court of Cassation, sez. lav., in its judgment of 28 February 2025, no. 5334. On the subject of disciplinary dismissal, messages exchanged in a private ‘chat’, even if containing offensive comments, do not constitute just cause […]
No more (forced) dismissal in the case of an employee’s prolonged absence. It can now, rightly, be considered voluntary resignation. ‘In the event of an unjustified absence of the worker beyond the period provided for by the national collective agreement applied, the employer must inform the National Labour Inspectorate (INL), which can verify the veracity […]
Italian government identifies a solution to face the pressures received (DL 99/2021 of last June 30, Art. 4). Employers in the fashion and extended textile sector with the beginning of the Ateco code 13, 14 and 15 remain precluded until 31 October 2021 from the possibility of individual and collective economic redundancies. In view […]
Can a ‘like’ on Facebook damage the fiduciary bond in order to motivate a dismissal? The ECtHR, under certain conditions, says no: it would violate Article 10 (freedom of expression) of the European Convention on Human Rights (ECtHR, Section II, June 15, 2021, no. 35786/19). The case submitted involved the dismissal of an employee […]
In the context of the (well known) art. 18 of the Workers’ Statute (L. 300/1970), the peremptory “apply” of the first sentence of the seventh paragraph was in contrast with the “can apply” of the second sentence. This implies, according to the proper meaning of the words, a discretionary faculty of the judge. The ‘attenuated’ reinstatement protection, […]