Recent news

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

Italy: Failure to resume work

If a court orders reinstatement of a job under the notorious Article 18(1) of the Workers Statute, an employer is required to issue an invitation to a worker to resume work within 30 days …

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Italy: Dismissal ticket values change

In Italy any employee who is dismissed (with the exception of construction and sports workers) gives rise to a lump sum social security “contribution” to the INPS …

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Italy: Expatriate expenses not counted as TFR

An employee who has been engaged in working abroad and is subject to termination whilst still engaged on their Italian employment contract will still qualify for severance in the form of returned TFR contributions …

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Italy: Liability for stress at work

The liability of an employer for a stressful working environment can be readily established at law, even if it cannot be demonstrated that an employee has been the victim of mobbing …

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Italy: Unjust damage to a company’s reputation

An employee committed “irreparable damage to the fiduciary bond at the basis of the employment relationship” when they made wild accusations against their employer in the presence of colleagues …

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Italy: Carrying out work elsewhere during sick leave is a cause for dismissal

The Supreme Court has declared that if an employee is formally on sick leave for one job, but found to be working elsewhere, then the employer regarding them as sick and unable to work may dismiss them, even if they return to work as soon as the sick leave authorization ends [Case 1472 15th January 2024] …

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Italy: Anti-pollution obligation in labour contracts

The National Labour Inspectorate has warned companies which use outside contractors to address environmental issues as well as incorporate health and safety requirements into labour contracts …

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Italy: Dispute initiated between OpenAI and Italian Data Protection Authority

The Italian Guarantor for the Protection of Personal Data has served a notice against the system “ChatGPT” relating to a whole string of alleged infringements of the law …

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Italy: Taking annual leave between two periods of sick leave

If an employee requests annual leave immediately following a period of sickness absence and then resumes sick leave as soon as they are due to return to work, then if their employer counts the intermediate leave as part of the sick leave they do not have justification for using its incidence as a basis for dismissal [Supreme Court: Case 582 1 …

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Italy: Contribution exemption and 13th month

The public social security fund INPS has underlined that a 13th month salary payment does not qualify for the contribution exemption …

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Italy: When does unjustified absence justify dismissal?

The Supreme Court has found that the dismissal of an employee for taking absence without leave was legitimate after disciplinary action commenced 20 days from the date when the absence commenced …

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Italy: Ongoing right of transfer

The Supreme Court has established that a company has no right to transfer an employee back to their original work location if they had been originally transferred to be closer to a disabled family member (under Law no …

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Italy: 2024 Tax deduction for increasing employment

Companies that increase the level of their permanent employees in 2024 will be entitled to a reduction in their (irpef and ires) tax liability in relation to the cost of the increase in employment achieved …

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Italy: Did a job loss result from reorganisation?

No judicial interference may exist to limit the prerogative of an employer to organise their business …

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Italy: Allowance increase for 2024

The Italian government has increased the annual tax-free sum that may be paid employees in kind from its standard rate of €258 …

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