Recent news

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

Italy: Burden of proof in cases of allocating tasks below an employee’s skill level

The Supreme Court has laid down the conditions necessary for an employee to claim that they have experienced damages arising from a de facto demotion …

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Italy: Social security exemption

Employers have begun to benefit from the contribution exemption announced in the 2024 budget …

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Italy: Access to the INPS redundancy fund

Companies that wish to make applications to the ordinary redundancy fund must now do so through a new online platform – that will become mandatory from 2nd May 2024 …

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Italy: Cross-border teleworking rules

Although the EU Regulation relating to cross-border teleworking dates back to 2004, it was only implemented in Italy last year …

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Italy: Extension of reinstatement rights

The Constitutional Court has declared as unconstitutional the phrasing of the Legislative Decree 23/2015 which sought to provide a distinction between those hired before and after 7th March 2015 in respect to “other cases of nullity” giving rise to the right to reinstatement …

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Italy: Email retention periods

The Italian Data Protection Authority (Garante per la protezione dei dati personali) has decided to hold a 30-day public consultation prior to introducing a mandatory retention period for the metadata regarding employee emails …

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Italy: Observation of multiple collective agreements

The Court of Appeal in Florence has outlawed the use of differing sectoral collective agreements (CCNL) for related activities in the same workplace …

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Italy: Medical suitability assessments after lengthy absence

The Department of Labour has confirmed that a medical examination is only necessary before an employee returns to work, after an absence of 60 days or more, if the job reassumed involves special chemical, biological, mechanical risks and ordinarily involves special surveillance for all jobholders …

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Italy: Eyes wide shut

Risk modelling is not a routine part of an HR manager’s role …

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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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