The so-called ‘Fornero’ rite Fornero was (again) superseded by the provisions of Legislative Decree No. 149/2022, which restored the previous procedural discipline.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? […]
The legitimacy of checks aimed at ascertaining illegal conduct detrimental to the company’s assets presupposes the existence of well-founded suspicion on the part of the employer concerning irregular conduct on the part of one or more employees. It follows that the onus is on the employer to first allege, and subsequently prove, the concrete circumstances […]
Severance pay is in the nature of remuneration and deserves protection even in the event of non-payment. This was recently recalled by the Court of Cassation, which held that the employee’s claim for severance pay should be admitted as a preferential claim in bankruptcy. In fact, this is a claim that enjoys special protection under […]
In the executive employment relationship, an extension of the probationary agreement is considered legitimate if agreed upon between the parties before the expiry of the original term, provided that the new term does not exceed the maximum limit provided for by the collective agreement applicable to the sector. The Court of Appeal of Venice, employment […]
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 […]
the decision led to the sanctioning of a haulage company for installing GPS devices on company vehicles. The Garante per la protezione dei dati personali, following a decision dated 16 January 2025, fined a haulage company for unlawfully monitoring around 50 employees during their working hours, using a GPS system installed on company vehicles. The […]
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 […]
The Consolidated Labour Safety Act (D.lgs. 81/2008) is a fundamental pillar for the protection of health and safety at the workplace in Italy. The Text has recently been updated to strengthen existing regulatory provisions by introducing new measures. In this article we want to indicate the innovations introduced, which concern the following areas: Qualification […]
The probationary period refers to a so-called ancillary clause that may or may not be included in the employment contract. It is an element of mutual interest between the contracting parties since, on the one hand, the employer can assess the employee’s skills and professionalism and, on the other, the employee can assess the continuation […]
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 […]