Publications

Categories: Publications | Tag: Directive, Whistleblowing

The Italian Government has a new deadline to adopt the necessary legislation to implement Directive (UE) no. 2019/1937 concerning “the protection of persons who report Union law violations” (the “Directive”), since the December 17, 2021, deadline has been missed.   In particular, according to the Law no. 127/2022 entered into force on September 10, 2022, the ....

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Categories: Publications | Tag: Company Transfer

By order no. 25055 of 22 August 2022, the Italian Court of Cassation has affirmed that in case of transfer of a business – or parts thereof – concerning companies that are in a crisis, or which have been subjected to special administration, when the activity continues or, however, is not terminated, an agreement reached ....

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Licenziamento per giustificato motivo oggettivo

Categories: Publications | Tag: Dismissal, Licenziamento, Covid-19

The Court of Rome differs from the Capitoline Court of Appeal guidelines over the exclusion of the dismissal prohibition for managers during the Covid emergency. Measures to combat Covid 19 – Decree Law no. 18/2020 and Decree Law no. 104/2020 – Dismissal prohibition for objective justified reason – Manager – Dismissal for position redundancy – ....

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Categories: Publications | Tag: conciliazione vita-lavoro

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected procedure”, under Art. 2113, fourth paragraph of the Italian Civil Code. The Reform of the Civil Process, (Legislative Decree 10 October 2022, no. 149 of 10 October ....

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Categories: Publications | Tag: RSU

By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....

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