Publications

Categories: Publications | Tag: Dismissal, Court of Cassation, Licenziamento, Giusta causa di licenziamento

By order no. 10734 of 22 April 2024, the Italian Court of Cassation ruled that, in the event of a failed conciliation attempt, as required under Article 7 of Italian Law no. 604/1966 in the case of dismissal for justified objective reasons of workers hired before March 2015, the employer is not required to send ....

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Categories: Publications | Tag: Dismissal, Patto di non concorrenza, Non-competition agreement, diritto del lavoro

A non-compete agreement which is conditional upon the preservation of the original duties introduces an element of vagueness that undermines the entire agreement. This principle was confirmed by the Italian Court of Cassation in order no. 10679 of 19 April 2024. In this case, the non-compete agreement provided that if the employee’s duties changed during ....

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Categories: Publications | Tag: discriminazione, Dismissal, discrimination, Licenziamento

With its order of 4 January 2024, the Court of Ravenna referred to the European Court of Justice the judgment on the Italian legislation on the calculation of absences from work caused by disabling diseases in the protected period (periodo di comporto). The question posed to the European Court of Justice can be summarised as ....

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Categories: Publications | Tag: Court of Cassation, part-time

With judgment no. 4350 of 19 February 2024, the Supreme Court of Cassation addressed the issue of conversion of the part-time employment contract into full-time in circumstances where the worker is constantly working extra hours and overtime. The employee brought a legal case to obtain the ascertainment of the conversion of the employment relationship to ....

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Categories: Publications | Tag: Health & Safety, GDPR

From 1 October 2024, businesses and self-employed workers operating on temporary or mobile construction sites, as defined by the Consolidated Safety Act (specifically, Article 89, paragraph 1, letter a), of Italian Legislative Decree no. 81/2008), are required to have a licence, in digital format, issued by the competent local office of the Italian National Labour ....

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