Recent news

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

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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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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