Recent news

Latest items of recent news relevant to Italy which reported in our fortnightly newswire ‘Dernières nouvelles’.

Italy: No right to reinstatement for dismissal after disciplinary deadline

The Supreme Court has reversed a previous ruling which required employers to pay 12 months salary in compensation, as well as offer reinstatement, if a CCNL disciplinary procedure reached its maximum period before a dismissal for ‘just cause’ was issued …

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Italy: Employment Decree comes into force on 1st May 2023

An assorted mixture of changes to various employment and tax regulations took effect on 1st May 2023 …

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Italy: Ongoing responsibility for working fathers

The INPS (National Institute for Social Security) has confirmed that an employer remains responsible for paying contributions for the NASpI unemployment ticket, even if an employer has resigned their employment during a period of paternity leave …

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Italy: Dismissal for refusal to work overtime

An employer acted lawfully when they dismissed an employee for refusing to work overtime for a complete week …

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Italy: Employer liable for prolonged workplace harassment

The Employment Tribunal in the southern City of Bari has found an employer to be directly responsible for permitting the persistent persecution of one employee by a group of other employees …

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Italy: Contributions may not be waived by mutual settlement

Employers should be aware that even if an employee termination is undertaken by mutual consent and in lieu of notice then social security contributions are still due for the full notice period [Case 8913: Supreme Court] …

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Italy: Misuse of loyalty card grounds for dismissal

At the end of March 2023, the Employment Tribunal in the southern city of Foggia declared an employee dismissal lawful for misuse of the employee’s personal supermarket loyalty card …

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Italy: Social contributions still payable if transfer of a business undertaking declared invalid

The Supreme Court has ruled that the social security organisation, the INPS, has a right to continue claiming contributions from the transferor of a business if the transfer was not carried out according to lawful procedures …

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Italy: How detailed do contracts need to be about individual tasks?

A Tribunal in Treviso, a city in northeastern Italy, has determined that if an individual has held positions in a similar role before, their probationary contract does not need to include a detailed listing of all their duties …

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Italy: Inappropriate comments about a colleagues’ sexuality

In a recent appeal before the Supreme Court, an employee was found to have been fairly dismissed for repeatedly uttering derisory comments to a colleague …

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Italy: Employers that deploy others to cover for a sick colleague may not declare them redundant on their return

A tribunal in Rivereto, a town at the southern edge of the Italian Alps, has found that a company which assigned all the duties of a manager to colleagues during the manager’s prolonged absence was not thereby justified in making the manager redundant on their return …

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Italy: Extension of 2023 strenuous work reporting

The deadline for employers to report online the types of strenuous activities and night work performed by their employees during the year 2022 has been extended from 31st March to 17th April 2023 …

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Italy: Dismissal communicated to the employment centre and not to the employee is void

Employee was not correctly dismissed …

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Italy: Recovery of contribution waivers

Wage guarantee funds may now be recovered …

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Italy: Dismissal of an employee who goes to the stadium during illness is illegitimate – Court of Arezzo

Employee seen attending a Serie A football match during sick leave could not be dismissed …

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