Recent news
Latest items of recent news relevant to Italy which reported in our fortnightly newswire ‘Dernières nouvelles’.
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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Italy: Dismissal of HR manager justified for “vulgar” action and inappropriate comment
The Supreme Court has ruled that a personnel manager acted “contrary to the norms of civil life” when they tapped a female employee’s bottom and commented on her figure …
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Italy: Regular overtime must be included in holiday pay
The Supreme Court has found that, whatever a collective agreement states, an employee is entitled to continue receiving any regular overtime normally paid to them when they are on annual leave or taking a public holiday …
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Italy: “Smart working” rights extended
Decree-Law 132 has extended the right of workers classified medically as “super fragile” to work remotely until the end of this year …
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Italy: Support fund extended in the maritime sector
The ‘Solimare Fund’ aims at ensuring wage protection to the personnel employed by companies in the maritime sector …
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Italy: INPS has the powers to determine independently when a worker is an employee
Where an independent contractor is working for a Client it is entirely up to the social security organization INPS to take the initiative and declare if the relationship is actually one of ‘employment’ …
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Italy: Accrued annual leave during sick leave
If an employee has exceeded their annual maximum period of permitted sick leave their employer may only deny the taking of accrued annual leave for their entitled sick leave period if there are strong organizational reasons to do so …
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