Recent news
Latest items of recent news relevant to Italy which reported in our fortnightly newswire ‘Dernières nouvelles’.
Italy: The obligation to redeploy an employee
Two recent cases have considered the extent to which an employer must seek alternative employment when undertaking a redundancy exercise …
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Italy: Fixed-term and agency worker rules
An employment Decree (48/2023) has introduced a new requirement for employers to state a reason for extending a fixed-term contract from day one of the extension …
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Italy: Courts ‘split hairs’ about notification of absence
The Supreme Court has found an employee’s dismissal was valid because he did not personally notify his employer of the absence at the earliest opportunity …
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Italy: Second round of social security reduction
Although the latest additional reduction in social security contributions covering July to December 2023 is over and above the previous reduction made for the whole of 2023, it only applies to those with salaries up to €35,000 (US$38,396) pa …
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Italy: Fathers on paternity leave still entitled to benefits if they resign
The Italian Social Security Agency (INPS) has clarified that working fathers, who take mandatory paternity leave, are entitled to public unemployment benefits if they resign before their child is one year old [Circular number 32 of 03-20-2023] …
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Italy: Lasting bond of trust
If an employer discovers that an employee committed a sexual assault against a minor, even though the offence was many years ago, then they have the right to dismiss the employee concerned …
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Italy: Split 80% parental allowance
Article 32 of Legislative Decree no …
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Italy: Not necessarily an offence to speak ‘offensive language’
The Supreme Court has differentiated between offensive comments made during a meeting and those set down in an email …
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Italy: Dismissal for refusal to work part-time is not retaliatory
Employer had right to dismiss following refusal of part-time work …
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Italy: Employee refuses training? Lawful dismissal
Refusal to respond to instructions from ‘hierarchical superiors’ …
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Italy: Obligation to consider redeployment to prospective positions
According to the Supreme Court, an employer that is considering the termination of an employee on economic grounds must not only look at possible alternative opportunities that exist on the day the review is carried out – but also possible openings that may arise in the near future …
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Italy: Employee fault does not absolve employer from company safety failures
When an accident takes place at work which appears to result from employee negligence, an examination must also be made of the organisations health and safety policies and protection system on the ground …
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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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