Categories: Case Law
The Supreme Court of Cassation, by Order no. 17167/2020, considered the personnel selection process that requires involved candidates to produce their criminal status certificate as lawful. Facts of the case The facts in question regard a company’s failure to hire a candidate who had previously worked there with a temporary employment contract. Specifically, the worker, ....
Categories: Case Law
The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive limitations, including dismissal) with precautionary appeal, without filing an ordinary appeal to the Labour Court, is not subject to the prescriptive time periods established by law. Facts ....
Categories: Do you know that
The DCPM was published in the Official Gazette last 24 October containing “additional implementation measures of the decree-law 25 March no. 19, converted, with amendments, by Law no. 35 of 25 May 2020, containing “Urgent measures for dealing with the COVID-19 epidemic emergency” and decree-law no. 33 of 16 May 2020, converted, with amendments, by ....
Categories: Publications
Supreme Court no. 13613/2020 stated that: “The right of employee to paid annual leave must be considered a fundamental principle of EU social law, which cannot be derogated from and whose implementation by the competent national authorities can only be carried out within the limits explicitly indicated by Directive 2003/88. It is not compatible with ....
Categories: Publications
Faced with the pandemic emergency in progress, the Legislator and the Government have introduced rules aimed at safeguarding jobs, allowing the use of wage supplements and imposing a ban on dismissal for justified objective reasons pursuant to Article 3 L. n. 604/1966 and collective dismissal pursuant to Law no. 223/1991, except for the following hypotheses: ....
