Italy: Employment Law Newsletter | September 2023

New laws and regulations

Immigration: new quotas for certain industries and professional profiles

On 14 August 2023, a decree was enacted by the Italian Government issuing immigration quotas for certain industry sectors and types of employment, including seasonal work in the tourism/hotel sectors.

Case law developments

Dismissal for cause on account of innuendo

The Italian Supreme Court recently ruled that the dismissal for just cause and without notice of an employee who made innuendos to a colleague is an appropriate disciplinary sanction. According to the Court, innuendo is, in itself, sufficient to justify termination, without the need to prove the employee's intention to harm or harass.

Disciplinary procedures: how quickly must a breach of conduct be challenged?

In a recent decision, the Supreme Court ruled that the employer's obligation to challenge, in a timely manner, a breach of conduct committed by an employee must be evaluated by taking into account various factors, for example the complexity of the investigation required to discover the breach and the organizational structure of the company. Indeed, according to the Court, in certain instances, an employer must acquire full understanding of the facts before these can be challenged and the time required for this cannot jeopardize the disciplinary procedure or be seen as an implicit acceptance of the employee's conduct.

Working mothers and night work

The Supreme Court recently clarified that an employee, mother of a child below age of three, can never be assigned to night work. The Court clarified that this rule cannot be derogated by provisions of law or other agreement between the parties.

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