Italy, Stanchi Studio Legale updates

Employment & Immigration

Contributed by Stanchi Studio Legale
COVID-19: suspension of dismissals and extension of financial support and family leave
  • Italy
  • 18 November 2020

Law Decree 137/2020, the so-called 'Ristori Decree', recently came into force. This article provides a summary of the relevant provisions of immediate interest relating to employment, including the suspension of dismissals, financial support available to companies and family leave relating to a child's school suspending teaching.

Temporary rules for redundancy
  • Italy
  • 30 September 2020

Due to the ongoing COVID-19 pandemic, the government has extended the ban on individual and collective redundancies due to organisational or economic reasons until the end of 2020 (Law Decree 104/2020). However, terminations can proceed in certain situations.

ECJ on paid leave in case of unlawful dismissal and reinstatement: Italian viewpoint
  • Italy
  • 05 August 2020

The European Court of Justice has ruled on a dismissed employee's right to indemnity for untaken holiday accrued during the period between their dismissal and the date of their court-ordered reinstatement. With respect to the Italian context, the prevailing case law confirmed by the Supreme Court excluded the dismissed employee's right to accrue holiday after his dismissal until the enforcement of the judicial order of reinstatement.

COVID-19: workplace health and safety
  • Italy
  • 27 May 2020

As Italy is dealing with the COVID-19 pandemic, the national institutions responsible for occupational safety (mainly the National Institute for Insurance against Accidents at Work and the Labour Inspectorate) have issued rules concerning health and safety in the workplace. Italian companies which have been authorised to reopen must enforce a strict set of regulations in order to safeguard the health and safety of their employees and anyone who enters their workplace during this transitional Phase 2 period.

When can employers use private investigators?
  • Italy
  • 29 January 2020

According to case law, the Italian regulatory system allows employers to appoint private investigators to verify unlawful conduct on the part of their employees. A recent Court of Padua decision offers a useful overview of the circumstances in which this type of action is permitted.

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