Stanchi Studio Legale | Italy | 15 Sep 2021
In a recent decision, the Supreme Court of Cassation highlighted that a freelance journalist's duty to respect specific deadlines was necessary when determining their work as subordinate employment, whereas the non-exclusive nature of their employment agreement with a company was not.
Stanchi Studio Legale | Italy | 14 Jul 2021
Decree Law 99/2021 recently took effect, completing the framework of tax and labour rules to gradually lift the emergency employment measures brought in as a response to the covid-19 pandemic.
Stanchi Studio Legale | Italy | 16 Jun 2021
On 22 May 2021 Support Decree 1 was converted into law and on 26 May 2021 Support Decree 2 came into force. This article provides a summary of the main provisions relating to employment, including with respect to the suspension of dismissals, re-employment contracts, the extension and renewal of fixed-term contracts, COVID-19 redundancy funds and the social contribution exemption for......
Stanchi Studio Legale | European Union, Italy | 31 Mar 2021
A court recently held that an employee's dismissal had been unlawful and ordered her to be reinstated. Following her reinstatement, the employee asked her employer to pay her an indemnity in lieu of holiday and leave not enjoyed in the period between her dismissal and her reinstatement. The Supreme Court departed from its own precedents on this matter and ruled that the claim was grounded, in......
Stanchi Studio Legale | Italy | 10 Mar 2021
The Rome Labour Court has issued a decision which extends the ban on individual dismissals due to the COVID-19 pandemic to cover executives. Previously, executives' protection in the event of dismissal was provided by collective agreements. The legislative interpretation provided by this decision reinforces the doubts of constitutional legitimacy that the ban on dismissals due to the COVID-19......
Stanchi Studio Legale | Italy | 24 Feb 2021
Italy has ratified the International Labour Organisation Violence and Harassment Convention, which will have a significant impact on employment law. Employers will have concrete new obligations with respect to a broader range of behaviours, involving a larger number of people and situations. This will affect the regulations that employers must implement internally and their responsibility for......
Stanchi Studio Legale | Italy | 18 Nov 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.
Stanchi Studio Legale | Italy | 30 Sep 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.
Stanchi Studio Legale | European Union, Italy | 5 Aug 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......
Stanchi Studio Legale | 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......