Comments and tools from De Luca & Partners’ experience
Categories: Practice
In its circular of 18 March 2022, the Ministry of Labour provided operating guidelines relating to the changes made by Decree Law no. 4 of 27 January 2022, (hereafter, Decreto Sostegni ter [Support Decree ter]) to the regulations on wage supplements governed by Legislative Decree no. 148/2015. The Ministry focused on the following issues: Starting ....
Categories: Case Law
In ruling no. 8628 of 16 March 2022, The Court of Cassation ruled that the validity of dismissal for exceeding the protected period “‘by summation” requires specification of the days of absence due to illness, to which unjustified absences cannot be counted. Facts of the case An employee of the Udine Prefecture had challenged her ....
Categories: Legislation
In circular no. 6/2022, the Ministry of Labour, provided some guidelines on the changes made by Decree Law. no. 4 of 27 January 2022 ( Decreto Sostegni ter [Support Decree ter]), to access wage subsidies for workers during the employment relationship. The Ministry clarified that companies applying for the redundancy fund for business termination who ....
Categories: Publications
In ruling no. 1240/2022 of 25 March, the Court of Foggia confirmed the prevailing principle that the burden of proof to demonstrate the contested oral dismissal is on the employee. In this case, the employee claimed he was orally dismissed on 3 January 2020, stating that he was notified of an “immediate suspension of employment” ....
Categories: Publications
In a judgement of 21 December 2021, the Court of Milan held that, unless specifically stated otherwise in applicable law, a business transfer does not affect the continuity of employment and the maintenance of the rights and obligations arising from it, nor does it prevent the continuity of internal union offices and responsibilities based on ....
