Mr Francesco Pedroni

Francesco Pedroni


Employment & Immigration

Changes to employment law in wake of COVID-19 pandemic
Italy | 16 June 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 employers in the tourism, spa and commerce sectors.

Employee entitled to payment of holiday accrued between dismissal and reinstatement
Italy | 31 March 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 line with certain European Court of Justice rulings.

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.

How is technology changing employer-employee relationships?
Italy | 13 November 2019

A recent Padua Labour Court decision affirmed that the traditional concept of subordinated relationships between employers and employees should be redesigned to reflect how changes in technology are reshaping company organisation. This decision is one of the first in which an Italian labour court has considered whether the traditional concept of employment relationships is still valid or if employees' and employers' rights should be considered differently in light of technology's impact on organisations.

National Labour Inspectorate specifies scope of penalties for irregular posting of employees
Italy | 11 September 2019

The posting of employees from an EU country to Italy must comply with Legislative Decree 136/2016. The law applies to companies established in EU member states which, in the context of the provision of services, post to Italy one or more employees in favour of another company, including those belonging to the same group, another production unit or another recipient, on the condition that during the posting, an employment relationship continues to exist with the posted employee.

Supreme Court defines limits of immunity of foreign states from Italian jurisdiction in employment lawsuits
Italy | 15 May 2019

The Supreme Court recently decided a labour litigation case filed by an Italian employee of the British Council. The court affirmed the principle that the exoneration from Italian jurisdiction of foreign states and entities that, in a broad sense, hold the status of bodies of a foreign state meets a double limit in the field of labour relations for disputes concerning employment relationships unrelated to the institutional functions and the organisation of the entity and when a claim with exclusively patrimonial content is raised.

Appeal court deems Foodora riders self-employed with certain workers' rights
Italy | 13 March 2019

The Turin Court of Appeal recently found that Foodora riders should not be considered employees. However, the court also held that Foodora riders cannot be considered fully self-employed and instead belong to a third type of relationship between self-employment and subordinated employment. This decision sees Italy join the ongoing debate regarding the classification of gig economy operators.

Constitutional Court declares Article 3 of Jobs Act unlawful
Italy | 30 January 2019

The Constitutional Court recently declared Article 3 of the Jobs Act, which provides the formula to calculate damages for the unlawful dismissal of employees hired after March 2015, to be unlawful. The decision has created uncertainty for employers and reduces their ability to assess the consequences and costs associated with redundancies, which was one of the Jobs Act's benefits.

Supreme Court finds that recordings of employer-employee discussions can be used as evidence in lawsuits
Italy | 31 October 2018

The Supreme Court recently examined the use of recordings of employer-employee discussions as evidence in a lawsuit and provided a number of useful principles in this regard. For example, this type of recording can be used as evidence if at least one of the individuals involved in the recorded discussion is a party to the lawsuit and the party against whom the recording has been filed as evidence has not duly contested its actuality or content.

Criterion under Jobs Act to determine indemnity in case of dismissal deemed unlawful
Italy | 17 October 2018

The Constitutional Court has deemed unlawful the provision of the Jobs Act concerning indemnity in the case of the unlawful dismissal of employees hired after March 2015. According to the court's first press release, the sole criterion of an employee's seniority provided by the act for the calculation of the indemnity is contrary to the principles of reasonableness and equality, as well as the employment rights and protection provided by Articles 4 and 35 of the Constitutional Chart.