Recent news
Latest items of recent news relevant to Italy which reported in our fortnightly newswire ‘Dernières nouvelles’.
Italy: Transfer of undertakings in a contracting context
Where a company puts tasks out to a contractor and then decides to change the provider in favour of another contractor, it has long been the obligation for the incoming contractor to rehire the former contractor’s redundant employees …
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Italy: Remote working further extended for parents with children under 14
The right to work in agile mode (so-called “smart working”) has just been extended by three months, until 31st March 2024, for parents with children under 14 in the private sector …
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Italy: Tax exemptions for benefits
The INPS has just confirmed a tax exemption of €258 …
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Italy: Dismissal for making a complaint
The Palazzo di Giustizia Law Court in Monza Monza has found that an employer acted unlawfully when they retaliated against a part-time employee for making a complaint …
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Italy: Dismissal for refusal of part-timer to go onto full-time hours
Whilst Article 8 of Legislative Decree 81/2015 does not ordinarily allow the refusal of a part-time worker to go full time as justification for dismissal, there are grounds where such a refusal is nevertheless a valid basis for dismissal …
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Italy: Compulsory insurance for sports workers
Employers with sports associations as well as all sporting organisations must hold cover for injury to the following amateurs and professionals: athletes hired with apprenticeship contracts, administrative personnel and ‘occasional workers’ …
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Italy: Dismissal was legitimate for not clocking off during lunch breaks
The Supreme Court has curiously allowed dismissal to be with just cause – even though the employee concerned had only failed to “clock off” during her lunch breaks …
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Italy: Claims for compensation beyond ‘lack of job’ under the Fornero law
Back in 2012 the infamous Article 18 of the Workers Statute was amended to establish a right to claim damages if a dismissal was found to be unlawful …
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Italy: Time off to care for a disabled person
Article 33 of Law 104/1992 allows for an employee to take up to three days a month to assist a seriously disabled relative or “significant other” …
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Italy: Foreign workers may start work immediately
It is no longer necessary for a person from a non-EU country with a valid work permit to wait for a summons to the tax “one stop shop” before they commence work …
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Italy: An employee’s appeal against dismissal valid in any written form
The Court of Rome has ruled that Article 6 of law number 604/1966 allows for an employee to use numerous ways for them to appeal to their employer against their dismissal …
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Italy: Validity of a commission to investigate potential wrongdoing
If an employer uses an external agency to undertake an investigation then, under Article 11 of Legislative Decree number 196/2003, the name of the actual person(s) undertaking the task must be specified on the mandate …
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Italy: Time taken to change into and out of work uniform
According to the Tribunale di Milano, an employee who is required to wear a uniform at work must not be expected to wear it during their commute to and from work …
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Italy: Pensionable age to remain unchanged in 2025/2026
Although there is a formal link between life expectancy and the formal state retirement age this will not trigger any change up to and including 2025-6 – even though the latest data for those aged 65 has revealed a decrease of one month in this mortality figure …
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Italy: Legitimacy of a resignation
Employers are reminded that under Legislative Decree 151/2015, an employee may only resign their employment on completion of appropriate online or printed forms issued to that effect by the Ministry of Labour and Social Policies …
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