Collective dismissals in companies groups
14 December 2022
On the subject of collective dismissals, when within several companies a single entity is established as the reference employer for them all the collective dismissal must involve all the employees in the entire group, even if there is no proof of the mixed use of the duties assigned to the dismissed employees. In Order No. […]
Network contract and double-employer regime
28 November 2022
Many companies work together daily on the same projects and through the same employees, so much so that it is not unlike that they all end up identifying as one. Such possibility is provided according to different terms and conditions and regulations to comply with within the so-called “double employer regime”; this article intends to […]New starting date for the statute of limitations for employment claims
28 November 2022
In its ruling no. 26246 of Sept. 6, 2022, the Italian Supreme Court ruled that the statute of limitations for employment claims runs from the termination of employment. The Italian Supreme Court has ruled on the five-year statute of limitations for claims related to entitlements accrued by employees during their employment. The issue had been […]The termination of employment relationship due to an employee's unjustified absence.
25 October 2022
The conduct of an employee who is absents from work without justification is reprehensible as it has the purpose of forcing the employer to fire him and obtain the benefit of Naspi. To be absent from work without providing any justification in order to induce the company to notify a dismissal for unjustified absence and […]The probationary period in labor contracts after the Transparency Decree
25 October 2022
The Transparency Decree, implementing the EU Directive 2019/1152 on transparent and predictable working conditions in the European Union, introduces important change to employment regulation, such as, for example, the probationary period, which cannot be longer than six months, unless a shorter duration is provided by the collective bargaining agreements. In our legal system, the rule […]The destiny of remote working after the end of the pandemic emergency
25 October 2022
Despite the fact that the state of emergency ended last 31 March, the legislation continues to use agile work as a fundamental anti-contract measure, at least, certainly, until 31 August 2022. What will be the destiny of such institute after this deadline has passed? After the end of the emergency period, the topic of remote […]Taxability of sums received by way of damages for loss of professional opportunities
25 October 2022
On the subject of demotion and loss of chance, the sums liquidated by the Court following the impairment of the employee's professional capacity are considered non-taxable since they can be classified as compensation for damage to the economic loss suffered by the employee's assets. According to the clarification provided by the Italian Fiscal Agency with […]Managerial relationship: limits to the right to criticise of the employer
25 October 2022
The Italian Supreme Court, in its ruling no. 17689 of 31 May 2022, has expressed again on the limits of an Executive’s right to criticise of the employer company and the consequent legitimacy of the dismissal served in case the employer considers such limit exceeded. The case submitted to the Court's examination stems from the […]Temporary contracts during the emergency period
25 October 2022
New extension for workers employed by staffing agencies on fixed-term assignments with user companies: the entry into force of the limit of use for a maximum of 24 months is postponed to 30 June 2024. With Article 12-quinquies of the law converting the so-called 'Energy Decree' (Decree-Law No. 21 of 2022, converted with amendments by […]The posting of foreign workers to Italy: what to pay attention to.
25 October 2022
Legislative Decree No. 136/2016 is applied in cases of provision of services with elements of transnationality – such regulation source defines, among others, the requirements for posting and seconding companies, as well as how to manage the work activity rendered under such a regime. Below is a brief analysis of the relevant elements that must […]