New laws and regulations
New employment regulations now in force
On 5 May 2023, a new law entered into force, introducing some important changes to employment regulations. You can read more on this topic in our special edition newsletter here.
Case law developments
Redeployment of an employee to be dismissed: future positions also need to be considered
Under Italian law, when an employee is made redundant, the employer must assess whether it is possible to redeploy them to other vacant positions within the company. The Italian Supreme Court recently ruled that the employer must consider not only open positions available at the time of dismissal but also those that will become available in the near future, around the time of termination.
Refusal to work overtime: the dismissal is lawful
The disciplinary dismissal of an employee who systematically refuses to perform overtime work is lawful. The Italian Supreme Court found that such behavior shows a lack of cooperation in the performance of duties assigned by the employer, as well as an evident disregard for the employer's interests.
Reinstated employees are entitled to their previous duties
When an employee is judicially reinstated at work after being unlawfully dismissed, they are entitled to perform the same duties, at the same workplace, to which they were assigned to prior to their dismissal. According to a recent ruling by the Italian Supreme Court, an employer cannot transfer or change the duties of a reinstated employee, claiming that, pending the judicial decision, those duties were assigned to another employee.
