Under the law that regulates dismissals in Italy, specific selection criteria must be applied in identifying the relevant employees, throughout the entire corporate group. However, according to well-established case-law, recently confirmed by the Court of Cassation, Labour Division, judgment No. 3511 of 6 February 2023, at certain conditions, an employer may limit the pool of employees involved in a staff reduction, even only to those employed in a certain department, sector or unit of the company. In particular, according to the Court, the needs that may justify such restriction must be consistent with the information provided by the employer in the official notification of the proposed collective redundancy process; this is to allow the trade unions to verify that: (i) the staff are actually being made redundant for reasons strictly related to the units, departments or sectors concerned, as indicated by the employer; (ii) the roles performed by the employees involved in the redundancy are not interchangeable with those of employees assigned to other departments or corporate units not involved in the restructuring.
The labour law theme helps establish cooperation between foreign companies wanting to move to Italy. With a greater knowledge, these companies can overcome some existing national economic system limits.
The new handbook Italian Employment and Labour Law, is edited by Vittorio De Luca, Managing Partner of De Luca & Partners, published by Wolters Kluwer, with the contribution of numerous colleagues from the Firm, including Elena Cannone, Roberta Padula, Raffaele Di Vuolo, Debhora Scarano, Luca Cairoli and Martina De Angeli.
This is an original and valuable operating guide for companies, professionals and international investors who need to know and must apply the Italian legal system’s rules in the labour law field.
De Luca said: “The Italian labour law scenario has changed in the last few years by several reforms that have made Italy one of the most competitive western countries.”
The handbook was designed as an operating and practical guide, which would be an easy-to-consult daily working tool for professionals and operators who interact with the Italian legal system.
The handbook is in English and “guides” those unfamiliar with our legal system through an explanation of the different forms of contracts, trade union relations and labour laws, framework and principles on which labour law is structured.
De Luca added: “ I wouldn’t mind if our publication played down the clichés that accompany labour law which often has a reputation it does not deserve. The reforms of the last two decades have made our legal system competitive with the major Western economies.”
Continue here to read Vittorio De Luca’s interview published on Businesscommunity.it.
Alberto De Luca contributed to the drafting of the chapter dedicated to Italy in the “Labour & Employment” guide published by Lexology, illustrating the main legislative and jurisprudential news in a labour law manner and providing his point of view.
Click here to read more.
