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 line with certain European Court of Justice rulings.
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 pandemic has raised.
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 health and safety in the workplace (and work-related situations).
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.
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.