On 20 February 2025, Decree-Law No. 6/2025, known as the ‘Decreto Milleproroghe’, was definitively approved by the Chamber of Deputies, which once again intervenes on fixed-term contracts, in particular on the reasons justifying such temporary employment relationships.
The Decree extends until 31 December 2025 the possibility for private employers to enter into fixed-term contracts exceeding 12 months, and in any case not exceeding 24 months, also for needs of a technical, organisational or productive nature, if not already provided for by collective agreements.
This provision applies to all sectors, with an initial application that could affect the tourism sector, pending updates of the relevant collective agreements.
Other related insights:
Italian Law 104/1992 grants employees paid leave to assist family members with disabilities, with the cost covered by INPS (the National Institute for Social Security). However, misuse of this benefit has led to judicial investigations to identify potential violations of the law. Case law has helped clarify what constitutes abuse.
The law grants leave for caregiving but does not clearly define the conditions under which its use becomes abusive. In general, courts have adopted a broad interpretation, stating that caregiving includes all tasks a disabled person cannot perform independently, not just personal assistance at home.
In a recent ruling (October 10, 2024, no. 26417), the Italian Supreme Court clarified that caregiving does not require constant presence at the family member’s home, but can include errands, as long as they are aimed at the disabled person’s well-being. The Court also confirmed that using leave outside working hours does not count as abuse, since the leave is granted on a daily, not hourly, basis.
In another ruling (September 9, 2024, no. 24130), the Court stated that personal activities, as long as they do not interfere with caregiving, are not considered abusive. However, if the employee engages in activities far from caregiving, such as going to the beach instead of assisting a family member (Cass. Civ., Labor Section, June 16, 2021, no. 17102), it is considered misuse, and the employer can take disciplinary action, including dismissal for just cause.
Employers can hire investigative agencies to check for abuse, but these investigations must be conducted within legal boundaries, respecting the employee’s privacy.
Continue reading the full version published in Il Sole 24 Ore.
In its order no. 26440 dated October 10, 2024, the Court of Cassation, Labor Section, reaffirmed the legitimacy of the dismissal imposed on an employee who had addressed a client in a rude and vulgar manner, once again underscoring the boundaries of judicial review in determining “just cause” for termination.
The judicial proceedings originated from the disciplinary dismissal of an employee assigned to the butcher counter of a supermarket, who had been accused by the employer of addressing an elderly customer with aggressive and inappropriate language.
While the court of first instance upheld the employee’s challenge to the dismissal, the Court of Appeal of Cagliari reversed this decision, confirming the legitimacy of the dismissal order.
In this case, the appellate court considered the employee’s behavior a serious breach of his contractual obligations, particularly the duty to “use courteous manners with the public and maintain a conduct consistent with civic duties,” warranting disciplinary dismissal pursuant to Article 215 of the collective bargaining agreement for employees in the Tertiary, Distribution, and Services sector, which governed the employment relationship.
The Court specifically emphasized the seriousness of the employee’s conduct, noting that the counter attendant, on that occasion, not only failed to apologize to the elderly customer but also escalated the argument with increasingly heated tones, resulting in what was described as “an undignified and somewhat concerning scene.” In assessing the appropriateness of the dismissal, the Court of Appeal also took into account the employee’s prior disciplinary record from the preceding two years. Although these prior incidents were not specifically similar, they highlighted a pattern of repeated non-compliance with company rules, rendering the continuation of the employment relationship unsustainable.
In the ruling under discussion, the Court of Cassation, by rejecting the employee’s appeal against the Cagliari Court’s decision, seized the opportunity to consolidate its stance and reaffirm certain prevailing principles concerning termination for just cause under Article 2119 of the Civil Code.
In particular, the Court of Cassation observed that “just cause,” understood as conduct that precludes even temporary continuation of the employment relationship, falls within the scope of so-called general clauses—normative provisions of limited and general content that require judicial specification in interpretation, “through consideration of both external factors relating to general societal awareness and principles implicitly referenced by the provision itself.”
Continue reading the full public version on Norme e Tributi Plus Lavoro del Il Sole 24 Ore.
By order no. 10663 of 19 April 2024, the Italian Court of Cassation stated that the employer bears the burden of proof in proving that remuneration has been properly paid.
The worker filed an application for summary judgment to obtain an order against the company to pay the amount indicated in the November 2015 pay slip.
In the first instance, the first instance Court found that the payment was due to the worker.
The company appealed to the Court of Appeal. The Court of Appeal upheld the first instance decision, ruling that the employer had not discharged its burden of proof relating to proving in court that the sum had been paid.
The Italian Court of Cassation – confirming the Court of Appeal decision – preliminarily noted that, once the existence of an employment relationship has been ascertained, the employer is under a strict duty of proof to establish that the remuneration has been paid. The employer can do this by means of the normal documentation i.e., regulatory pay slips bearing the worker’s signature. If the employer cannot prove that it has paid the remuneration due to the employee through pay slips, it must provide appropriate documentation of the relevant payments that it has made in relation to the employee’s individual claims.
According to the Italian Court of Cassation, giving employees at the time of payment of remuneration a statement containing an indication of all the constituent elements of the remuneration does not prove payment where the worker states that it is inconsistent with the remuneration actually paid.
According to the Italian Court of Cassation, the burden falls on the worker only if he/she, after signing the pay slip, alleges that the remuneration indicated in the pay slip is inconsistent with the remuneration paid.
As the present case did not fall within the latter situation, the Italian Court of Cassation rejected the company’s appeal.
Other related insights:
An employee dismissed for drug trafficking has been reinstated and compensated. The drug related conviction occurred in the past and pre-dated the employment, when the company took over the staff from the outgoing company after taking over a contract held under a public administration tender. The Italian Court of Cassation, employment division, by order no. 8899 of 4 April 2024 held that the material fact existed but that this did not give rise to a legal ground: an old conviction has no disciplinary relevance where the employer does not prove “the relevance of the old facts on the relationship’s operation”. A criminal judgment that becomes final during the relationship, onthe other hand, may trigger the employer’s withdrawal for just cause if the relationship of mutual trust with the company fails.
Continue reading the full version published on (Italia Oggi, page 14).
