Categories: Case Law
By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....
Categories: Case Law
There is no law in the Italian legal system establishing a legal minimum wage. In fact, the parameters for ‘fair’ pay are defined by the Italian Constitutional Charter. Specifically, Article 36 of the Italian Constitution states that fair pay is pay which ensures the worker a free and dignified existence and is proportionate to the ....
Categories: Case Law
In its recent Order No. 25603 of 1 September 2023 the Italian Court of Cassation established that a worker who has suffered an accident at work, which is the subject of a subsequent settlement with the employer, can always request compensation for damages which occurred subsequently and were not foreseeable at the time of the ....
Categories: Case Law
The Court of Appeal of Trento decided with judgment No. 8 of 6 July 2023 that an employer cannot dismiss a worker suffering from an illness that leads to a disability immediately after exceeding the protected period, but must make reasonable arrangements for the preservation of the job, in compliance with the principles of good ....
Categories: Case Law
By judgment No. 450 of 13 June 2023, the Court of Appeal of Messina established that if an employer has not trained employees on the specific risks related to the tasks for which they are employed, sick days attributable to harmful working conditions do not count towards the protected period. This applies even if the ....