Publications

Dismissal justified by the outsourcing of the duties assigned to an employee must be considered retaliatory if, in actual fact, the job is not outsourced and the employee’s dismissal is due to the employee’s refusal to enter into a novation agreement with the company that changes the employee’s classification level and reduces his/her salary. This ....

With decree no. 8609 of 28 March 2021, the Milan Court declared art. 28 of Law no. 300/1970 (“Workers’ Statute”) applicable to employer-coordinated freelance work as per art.  2 of Leg. Decree no. 81/2015. The judge did not hold the employer’s explicit reference to art.  28 above, sufficient for removing precautionary protection for companies that ....

In cases of dismissal for justified objective reason, the Judge’s verification of the “manifest lack of the fact“ requirement underlying the dismissal, from which the possibility of employee reinstatement derives, must cover the technical, production and organisational needs stated by the Company, and the possibility of relocating the employee elsewhere within the company organisation.   ....

The Appeals Court judge may acquire new documents. The Court of Cassation with its ordinance 11068/2021 ruled on the violation and/or false application of article 414 numbers 4 and 5 and article 420, paragraph 1 of the Code of Civil Procedure, in relation to article 360, paragraph 1, number 3 of the same Code, regarding ....

The Court, with ruling 6495 of 9/3/2021, as per art. 30 of Law No. 300/1970, confirmed union body members have the right to paid time off for meetings. Use for other purposes can justify dismissal. According to the Court, the abstract relevance for punishing the worker’s conduct requires real verification of its seriousness and consideration ....