24/03/2023

HOT LABOUR TOPICS – Also working fathers are entitled to NASpI indemnity should they voluntarily resign within the first year of their child’s life

INPS Circular No. 32 of March 20, 2023 (link) clarified that, as of August 13, 2022, also working fathers – who have taken the 10-day “mandatory leave” implemented by Legislative […]
30/03/2022

HOT LABOUR TOPICS – The transfer of the workplace is null and void when the transferor and transferee do not provide detailed information within the trade union’s consultation process

With a ruling dated 22 February 2022 (text), the Court of Bari qualified as “anti-union” the conduct of the transferor and the transferee who – during the communication pursuant to Article 47 Law no. […]
02/11/2021

HOT LABOUR TOPICS – The executive is entitled to NASpI allowance even when, with respect to the residency, the new place of work is “more favorable”

With a ruling dated 20 July 2021 (text), the Tribunal of Como upheld the appeal filed by an executive (assisted by the Firm, with Lawyer Giuseppe Matarazzo) to whom the […]
20/10/2021

HOT LABOUR TOPICS – In case of resignation, the company may waive the notice period without recognizing an indemnity in lieu thereof

With ruling no. 27934 of 13 October 2021 (text), the Supreme Court recognized the right of the employer to waive the notice period of the resigning employee, thus without paying […]
21/01/2020

HOT LABOUR TOPICS – A dismissal can’t be grounded on the “objective reasons” of the previous collective dismissal

With ruling n. 808, 16th January 2020 (see here the full text in Italian), the Supreme Court has stated that a dismissal for objective reasons can’t be based on the grounds as already […]
23/09/2019

HOT LABOUR TOPICS – With a specific collective agreement at company-level (i.e. “contratto di prossimità”), an employee can waive his/her right to receive the indemnity in lieu of notice period

With ruling n. 19660, 22nd July 2019 (see here the full text in Italian), the Supreme Court ruled that the indemnity in lieu of notice period can be waived upon specific […]
30/05/2019

HOT LABOUR TOPICS – An employee cannot waive the right to receive the end-of-service allowance (“TFR”) during his/her employment

With ruling n. 14510, 28th May 2019 (see here the full text in Italian) the Supreme Court confirmed that an employee cannot waive the right to receive the end-of-service allowance (“TFR”) […]