In case of a non-complete risk-assessment document, the liability for injuries rests with the employer and not the safety delegate
29 November 2024
In the case of a worker's injury, the criminal section of the Italian Supreme Court stated, through its judgement no. 39168/2024, the liability lies with the employer and not with the executive delegated to safety if said event was not foreseen and evaluated in the Risk Assessment Document. With Judgment no. 39168 of October 25th, […]
New European Directive on work organised through digital platforms
19 November 2024
On December 1st 2024, the EU Directive 2831 of 23rd October 2024 will come into force, which aims to improve the working conditions of individuals performing organised work using digital platforms. The EU Directive 2831/2024, which the Member States must implement by 2 December 2026, aims to guarantee increasing levels of protection for workers who […]When can a rude employee be dismissed?
31 October 2024
It is lawful to dismiss an employee who addresses customers in a rude and aggressive manner. The case stems from an appeal made by an employee, a butcher counter clerk at a supermarket, who was dismissed for just cause by his employer. The dismissal was due to the employee addressing a customer in an aggressive […]EU Directive on collective dismissal also applies when the employer retires
23 September 2024
Rules of member states that do not provide for applying the law on collective dismissals to terminations of employment relationships caused by the employer's retirement are contrary to European law. The case examined by the Court involved eight Spanish employees who challenged the dismissal imposed on them when the company closed due to the employer's […]Compensation in case of misclassification of self-employment relationship
5 August 2024
In cases where the subordinate nature of the employment relationship is established, the indemnification regime under Article 32 of Law No. 183/2010 does not apply, but the ordinary compensation regime does. In the case at hand, a journalist whose employment relationship had ended after he had been employed as a self-employee by a newspaper, with […]The CJEU on a different term to challenge the dismissal of pregnant employees
29 July 2024
The regulatory treatment of pregnant employees is a particularly sensitive issue in any jurisdiction. A recent case occurred in a similar scenario and requested the intervention of the Court of Justice of the EU, which, in ruling on German legislation, shared a principle of law potentially applicable to each member State. An employee hired by […]Limits of the repêchage duty in redundancy cases
18 July 2024
The repechage duty must be limited to lower duties compatible with the employee's skills, professional background and training at the time of dismissal. In the case at issue, some employees challenged the dismissal, complaining that it had not been pre-ceded by an assessment of their possible repêchage, meaning their assignment to a different job that […]The distribution of profits to employees through stock option plans
1 July 2024
An employer may reward its employees in cash or in kind, as well as allow them to access the company's profits. Of course, the employer must consistently implement said choice in compliance with the precise rules and strict processes above all when realised through stock granting or other securities. An employer often acknowledges its employees […]New European directives on gender equality
19 June 2024
EU Directives 1499 and 1500 of May 29, 2024, will come into force on June 18, 2024. These directives change the rules governing the essential requirements for the operation of national authorities responsible for supervising the proper implementation of equal treatment principles in the workplace. EU Directives 1499/2024 and 1500/2024, which will come into force […]The Damage to the employee's professionalism in the layoff fund
29 May 2024
The employee's unlawful placement in the work-suspension regime and the resulting inactivity create a loss of professionalism for the employee, who must be compensated. In a landmark decision, the Supreme Court, in its Order No. 10267 of April 16, 2024, ruled that an employee unlawfully placed in the work-suspension law regime is entitled, in addition […]