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 ....
Categories: Publications
Disciplinary dismissal and groundlessness of the contested fact considering case law following the amendment of Art. 18 of the Workers’ Statute by the “Fornero Law”, and the entry into force of the “Jobs Act.” According to the latest developments in case law, groundlessness of the contested fact includes cases in which the fact has not ....
Categories: Publications
During proceedings for anti-union conduct under Art. 28, Law no. 300/1970 brought by the FIOM CGIL against the Italian branch of a multinational group as part of a collective dismissal procedure due to the cessation of production activities, the Court of Ancona, Employment Section, held that the employer, who omitted the consultation procedure under art. ....
Categories: Publications
Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by Wolters Kluwer, with the grant patronage of “The British Chamber of Commerce for Italy – BCCI”. In Italy the labour and employment law environment has recently been ....