Recent news

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

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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Italy: An employee’s claim for electricity to charge their company electric car is taxable

If an employee is supplied with an electric vehicle for both business and personal use, then the Revenue agency will not allow any part of an expense claim for the cost of electricity to charge the vehicle as a tax-free expense …

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Italy: Contracting out – business transfers

The CCNL for the contracting industry contains social clauses that are often tightly interpreted …

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Italy: Taking a second bite of the cherry

Even if an out of court settlement for injury at work has been concluded in full and final settlement the worker may still come back for further compensation …

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Italy: Use of a company online chat facility to criticise the company is cause for dismissal

The Court of Appeal in Sassari (Sardinia) has ruled that an employer was justified in dismissing an employee who continued to use the chat facility for declaring employer professionally incompetent – even after being advised to use a private social media forum …

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Italy: Periodic checks of work equipment

Legislative Decree 81/2008 requires companies to carry out safety checks on all work equipment …

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Italy: Dismissal for connivance and complicity in a workplace theft

According to the Court in the southern Commune of Cassino, for dismissal to be legitimate an employer must name the colleagues who were also responsible for the alleged theft …

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Italy: INPS incentive for hiring young workers

Until the end of this year, employers may obtain a subsidy worth 60% of the taxable salary if they offer a job to anyone young aged 29 or younger who is registered under the National Operational Program for the Youth Employment Initiative and not undergoing education or training …

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Italy: Manager reinstated after disciplinary dismissal

A Naples court has found that a vexatious relationship between a Managing Director and one of his managers which led to the manager’s eventual dismissal was retaliatory in nature …

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Italy: Employer may request reasonable additional shifts each month

If an employee is subject to a collective agreement specifying a fixed maximum period of shift work each month, then their employer may exceed the limit if the addition is reasonable and justified …

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Italy: Dealing with hot weather conditions

An employer may make an application to the wage guarantee fund (cassa integrazione guadagni ordinaria, “CIGO”) if outside temperature climb to above 35 degrees centigrade …

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Italy: Holiday pay must be ‘regular pay’

The Supreme Court has ruled that holiday pay must include all those allowances due during a normal work period …

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Italy: Payment in lieu of untaken holidays – dismissal for just cause

If an employer dismisses an employee for “just cause” they may not deny the payment of compensation for leave entitlement that was not taken …

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Italy: Companies must avoid operating fully automated systems

Even if it is technically possible to operate an automated decision making system in the workplace without the need for human intervention, companies should build in at least a nominal role for involvement of human operators or technicians …

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