Stanchi Studio Legale updates

Supreme Court rules on illegitimate fixed-term contract and compensation
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 27 August 2014

The Supreme Court has issued a noteworthy decision concerning compensation under Article 32 of Law 183/2010 for unlawful fixed-term employment contracts. This decision is particularly relevant, as it affirms that Article 32 ensures that employees hired under an unlawful fixed-term contract are entitled to a permanent employment relationship and compensation.

Court clarifies status of employment contracts in transfer of business branch
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 28 May 2014

The Supreme Court recently issued a significant decision concerning a transfer of part of an undertaking. The Supreme Court confirmed the Court of Appeal's decision, which held that the transfer of a business branch and the related transfer of employment contracts had no effect on employees; as a result, the employment relationship with the transferor remained unchanged.

Supreme Court rules on disciplinary proceedings during sick leave
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 05 March 2014

The Supreme Court recently issued a decision concerning an employee's dismissal following disciplinary proceedings that took place during the employee's sick leave. The Supreme Court took the occasion to underline the consolidated case law on the relationship between the employer's right of termination and the employee's right to sick leave.

Supreme Court rules on protection of employee data
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 20 November 2013

The Supreme Court has issued its decision in a case involving a municipality that published personal data on its website relating to an employee's absence for having contracted a disease and the existence of judicial proceedings between the parties relating to alleged bullying. Among other things, the decision raises the issue of the extent of privacy protection afforded to an employee's job profile within the organisation.

Supreme Court considers employee rights in transfer of business
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 16 October 2013

In four recent decisions the Supreme Court considered employment issues arising from transfers of business. The cases involved, among other things, the dismissal of an employee following a reorganisation, the illlegitimate demotion of a group of workers transferred from one company to another and the quantification of non-pecuniary damage in case of employee demotion.

Supreme Court clarifies specifics of redundancy notices
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 31 July 2013

The Supreme Court recently issued a decision concerning the redundancy notice that employers must submit before laying off employees. The case concerned a company whose redundancy notice merely specified the number of redundant employees and listed their job profiles in general terms. Controversially, the company also noted the employees' eligibility for retirement in the notice.

Supreme Court rules on demotion and excessive workload
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 24 July 2013

The Supreme Court recently issued a decision that deals with two specific issues concerning employee demotion and employer 'mobbing' conduct (ie, bullying in the workplace). The decision is particularly relevant, as it excluded employer liability related to mobbing because the employee submitted no evidence of employer misconduct.

Supreme Court rules on whistleblowing and its boundaries
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 15 May 2013

The Supreme Court recently issued an important decision that deals with two specific issues: anonymous whistleblowing and the boundaries of an employee's duty of loyalty in case of the employer's alleged illegal conduct. The decision validates the legitimacy of the whistleblowing system, allowing its use in order to collect information about the misconduct, but also underlines the system's limits.

Ministry clarifies mediation procedure for dismissals for objective justified reason
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 20 February 2013

The labour minister recently issued a circular containing practical instructions for the mandatory mediation procedure for dismissals for objective justified reason under the recent labour reform legislation. Failure to comply with these steps may be used against the employer in litigation, so companies are advised to consider them closely.

Milan court adopts different approaches to new dismissal appeal procedure
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 12 December 2012

One of the most innovative changes introduced by the recent Fornero labour reform is a special streamlined procedure for cases relating to appeals against dismissals and issues of employment qualification linked to dismissals. The Milan Labour Court is now dealing with the application of this new procedure. In two recent cases brought by employees, certain procedural issues were addressed differently by judges.

Fornero labour reform: dismissal
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 17 October 2012

Labour Minister Elsa Fornero's recent reform has introduced important changes regarding dismissals. One of the most debated aspects of the reform is Article 18 of the Workers Statute, the structure of which has been significantly revised. The new structure provides for various consequences regarding different reasons for unfair dismissal.

Fornero labour reform at a glance
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 25 July 2012

Recent labour reforms spearheaded by Labour Minister Elsa Fornero have introduced important changes regarding dismissal, so-called 'social safety valves' and flexible working. Among other things, dismissals are now subject to new mandatory procedures, and fixed-term employment agreements may be established with no reason given for the contract term not exceeding 12 months.

Use of metadata for email monitoring in union activity case
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 30 May 2012

The Court of Milan has held that an employer was wrong to impose disciplinary measures on a union leader for carrying out union activities during working hours using his employer's IT systems. The decision is particularly significant because computer metadata was used as evidence to support the claim against the union leader, in an attempt to prove that he carried out union activities during working hours.

Supreme Court rules on employee's malicious damage to IT systems
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 21 March 2012

The Supreme Court recently ruled on the case of an employee who deleted a large quantity of data from the hard disk of his employer's computer and removed the back-up CD-ROMs. The court considered the criteria for the crime of malicious damage to a computer system; its findings have significant implications for employers.

Supreme Court rules on monitoring workplace emails
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 14 March 2012

The case of a bank clerk who was terminated on the basis of information uncovered through email monitoring has clarified a potentially problematic issue for employers. A Supreme Court decision addresses the nature of defensive monitoring, which is intended not to ensure that employees are carrying out their work correctly, but to detect wrongful conduct that may harm the employer's assets.

Application of procedural guarantees to executive's dismissal
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 15 February 2012

The Supreme Court has confirmed a well-established rule of case law, holding that the dismissal of an executive without notice is wrongful if the employer does not issue a reprimand letter and provide for a period in which the individual can respond in his or her defence.

New provisions on company collective agreements under fire
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 19 October 2011

A new provision has come into force whereby local and company collective agreements signed by the "comparatively most representative" trade unions will apply to all employees. Despite the benefits claimed for the change, some experts have criticised it as unclear and potentially disruptive. The employers' association Confindustria and Italy's three largest trade unions have effectively agreed to a moratorium on applying the rule.

Business branch leases and hiring of employees
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 28 September 2011

The Supreme Court has recently confirmed the opinion of previous court decisions that employers which hire full-time employees from so-called 'workers' mobility' lists in redundancy procedures are not eligible for financial aid under Article 8 of Law 223/1991 if the new employer is a transferee in the case of a business branch lease.

Supreme Court on collective agreements and transfer of undertakings
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 13 July 2011

In a recent case an employee who was transferred to another employer as a result of a merger claimed that the normative rules and system of remuneration provided by the transferor should continue to apply in respect of his supplementary pension scheme arrangements and health insurance.

Supreme Court: dismissal on basis of pension eligibility can be lawful
Stanchi Studio Legale
  • Employment & Immigration
  • Italy
  • 15 June 2011

The Supreme Court has recently re-examined the criteria to apply to redundancies where an employer has no alternative to dismissal. It held that an employer had acted lawfully in reaching an agreement with the trade unions whereby the employees to be made redundant would be chosen from among those eligible for pension benefits.

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