Publications

With the recent ruling no. 181 published on 27 April 2022, issued as part of the Fornero Procedure opposition proceedings, the Court of Vicenza expressed its opinion on whether absences due to illness attributable to the employee’s disability can be included (or not) in the protected period.   The case originated from the dismissal of an ....

The Constitutional Court, in ruling 125 filed on 19 May 2022, expressed its opinion on paragraph 7 of art. 18, of law no. 300/1970 which recognises the reinstatement protection in cases of dismissal for justified objective reason, only if it is established that there is a “manifest lack” of the fact underlying the dismissal. The ....

In ruling no. 315 of 12 April 2022, the Court of Appeal of Bologna stated that in the subordinate employment relationship, the time required to wear the company uniform is part of working time only if it is subject to the employer’s control. This may derive either from the “explicit” company regulations or, implicitly, from ....

In its ruling no. 1018/2022, published on 20 April 2022, Court of Milan Judge Franco Caroleo, confirmed case law, by recognising the existence of an employment relationship between a rider and a well-known food delivery platform. The ruling recognised the worker a sixth level classification and related remuneration under the Commercial National Collective Labour Agreement ....

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” ....