DLP Insights

The Court of Cassation, with its decision no. 4991/2015, recognized the autonomy of the parties to set the duration of notice.

Decree no. 29/2015 was published on 19 March 2015, which contains the implementing laws on post-employment benefits in pay packets.

On March 6 the first two implementing decrees of the Jobs Act approved last Friday 20 February 2015 have been published on the Italian Official Journal (“Gazzetta Ufficiale”) and they are in force starting from March 7. They involve long-term employment contracts with increased protection based on seniority and an overhaul of laws regarding social shock absorbers in the cases of dismissal.

The designation of functions regarding occupational safety must be shown on a written document, bearing a specific date, and have a series of requirements which are essential for being able to release an employer from significant liability in cases of damage to health.

The Court of Cassation, with its decision no. 4757 of 10 March 2015, established that dismissal due to a worker being unfit to perform his job is unlawful if, on one hand, the dismissal is justified solely by a competent doctor and not also by a local health commission and, on the other, the employer has not proven the impossibility of assigning the employee to other tasks within the company.