By Decree dated 3rd February 2016 and issued on 26th February 2016, the Minister of Labour law has doubled the occupational bonus provided by the State funded program “Garanzia Giovani”. This means that Companies will receive a bonus – from € 3,000 to € 12,000 according to job profile and territory of the employee – […]
Court ruling no. 4502/2016 (Court of Cassation) has held as unfair, the dismissal of an employee who refused to change her duties claiming – but not proving – that she was not physically able to perform such duties. According to the Court, the onus is on the employer to provide the relevant medical examination, also […]
For employers with operations in multiple jurisdictions, litigation over disputes related to employment matters is a very real and increasingly significant concern, which applies to every sector of industry, in every region of the world. This comprehensive publication includes contributions from 28 key jurisdictions across 5 continents and will be a valuable resource for all […]
i) There is a Bill going through Parliament aimed at regulating self-employment, by providing several protections against disproportionate contractual clauses, intellectual property, maternity leave, health and safety at work and sick leave. ii) Parliament is currently debating the possibility to provide for a mandatory pre-emptive settlement procedure performed by lawyers, the so called “assisted negotiation”, […]
There is an interesting ongoing debate regarding a new flexible form of employment, the so called “smart working”, which gives employees the option to work outside the company and/or through use of smartphones and other devices and with no fixed working time in order to improve employees’ quality of life, also in light of the […]
By Ruling no. 2584 issued on 9 February 2016, the Court of Cassation has stated that, in the case of a Court claim filed for reasons that are clearly unfounded, the relevant Party shall be ordered to pay damages on top of the counterparty’s legal fees.
There is an ongoing discussion about the project-based contract (“contratto a progetto”) still in force. As of 1st January 2016 such contracts will be re-characterized into a subordinate employment relationship if the employer organizes and coordinates the collaborator’s work.
i) Exemption of 40% of the social security contributions for open-ended employees hired, starting from 1st January 2016 until 31st December 2016, for 2 years, up to EUR 3,250 per year per employee. ii) Starting from March 2016 resignation and mutual termination shall be filed via data transmission.
When an employee wins an unfair dismissal case, the decision whether to accept reinstatement or the alternative of damages in the amount of 15 months’ salary, shall be made by the employee within 30 days of the communication of the filing of the Court decision awarding reinstatement. (Court of Cassation ruling no. 203/2016).
In recent weeks there has been an ongoing important political discussion regarding the public sector, and the application of certain new labour laws to public sector (state) employees. On a separate note, the new law regarding the monitoring of the content of work devices at a distance, which was mentioned in last month’s update, is […]