May 22, 2024
Industrial Relations

Corporate Practice Binding as a Collective Company Agreement
(Supreme Court, Labor Section)

A worker, initially employed as a collector and later as a centralized route monitoring officer, filed a lawsuit claiming his right to the continued monthly cash handling allowance, which had always been granted during his employment but had not been paid for several years.

The Supreme Court ruled in favor of the worker, stating that the consistent granting of this allowance for about four years to all workers, including those no longer performing the collector duties, constituted a corporate practice. This practice creates a collective obligation that, in this case, had not been terminated.

June 7, 2024
Mobbing

Stressful Work Environment Entitles Compensation Even Without Mobbing
(Supreme Court, Labor Section)

The Supreme Court ruled that a stressful work environment can entitle an employee to compensation, even without mobbing behavior. Protecting workers’ health in a stressful work scenario may lead to the reassessment of all employer actions, even if they appear lawful or isolated.

The case involved an employee who had faced employer harassment and sought damages. The Bologna Court of Appeal had rejected the claim, considering the allegations of persecutory conduct to be vague and lacking evidence. The Supreme Court accepted the appeal, emphasizing that a stressful work environment is an unjust fact deserving protection, potentially leading to the reassessment of employer actions, even if isolated or seemingly lawful. The ruling underlines that the fundamental right to health is grounded in Article 2087 of the Civil Code, which requires employers to take all necessary measures to protect the physical and moral integrity of employees. Health is not merely the absence of illness but a state of complete physical, mental, and social well-being. Therefore, the judgment was overturned and sent back to the Bologna Court of Appeal for a new evaluation in line with the principles expressed by the Supreme Court.

March 27, 2024
Labor Leasing

Unlawful Leasing Contract Following Fixed-Term Contracts Without Cause
(Milan Tribunal)

The Milan Tribunal addressed the case of a worker who challenged the succession of fixed-term and leasing contracts signed without cause. The judge accepted the claim and declared the establishment of an indefinite employment relationship between the claimant and the defendant company.

The worker had served a company from June 11, 2020, to June 30, 2023, through a series of fixed-term contracts followed by a leasing contract, all without cause. The first contract was extended multiple times, exceeding the 12 months allowed without cause, and a subsequent leasing contract further extended the employment period without complying with the regulatory limits.

The Tribunal upheld the worker’s claim, declaring an indefinite employment relationship with the user company from April 11, 2023. The company was ordered to pay compensation equal to seven months of the last salary for severance purposes, plus any accrued salary differences.

May 21, 2024
Working Hours, Holidays, Leave

Holiday Pay Must Not Be Penalizing and Must Include All Elements Related to Duties
(Supreme Court, Labor Section)

The Supreme Court reiterated that holiday pay must include any amount related to job duties and the worker’s status, in accordance with EU law. The decision upheld the claim of a train driver who sought the inclusion of allowances for absence from residence and the variable part of the usage/conduct allowance in holiday pay.

The Turin Court of Appeal had rejected the driver’s claims regarding the inclusion of certain allowances in holiday pay, which had been previously accepted by the lower court. The Supreme Court referred to the principles established by the European Court of Justice, particularly the “Williams” judgment of September 15, 2011, which requires including any job-related amount in holiday pay to avoid a deterrent effect on exercising the right to holidays. The Court confirmed that holiday pay should equal the worker’s regular pay to prevent any reduction from deterring the worker from taking holidays. This decision reiterates that every element of pay related to the duties performed must be included in the calculation of holiday pay.

May 22, 2024
Null Dismissal

Dismissal for Marriage Null Even in Case of Previous Cohabitation
(Supreme Court, Labor Section)

The Supreme Court clarified that the dismissal of a worker due to marriage is null, even if the worker was already cohabiting with the partner. The ruling confirms that a dismissal within one year of the marriage publications is presumed to be due to marriage unless one of the legal exceptions is proven.

The case was brought by a worker who contested her dismissal communicated before one year had passed since the publications of her marriage. The Milan Court of Appeal declared the dismissal null and ordered the worker’s reinstatement, along with compensation. The company appealed to the Supreme Court, arguing that the dismissal was not null because the worker was already cohabiting.

The Court confirmed that the nullity of the dismissal due to marriage is independent of the employer’s good faith. It is sufficient that the dismissal occurs objectively within one year of the marriage publications. The nullity does not apply only in three cases: serious misconduct by the worker, cessation of business activity, or expiration of the employment contract. Previous cohabitation does not exclude the nullity of the dismissal.

June 14, 2024
Incentives

End of “Decontribuzione Sud” from July 1, 2024: Implications and Alternatives

From July 1, 2024, the contribution exemption for employers in Southern regions (Abruzzo, Basilicata, Calabria, Campania, Molise, Puglia, Sardinia, and Sicily), introduced by Article 1, paragraph 161, of Law 178/2020, will end. The measure, authorized by the EU until June 30, 2024, provided for a 30% reduction in contributions until 2025, 20% for 2026-2027, and 10% for 2028-2029.

The application of the decontribution has always been subject to EU approval. INPS, in message 4695/2023, indicated that instructions for the contribution exemption from July 1, 2024, to December 31, 2029, would only be provided after the EU’s authorization process was completed.

During the question time on May 15 in the Chamber of Deputies, Minister Fitto announced there would be no extension. However, he stated that the Government is working on introducing similar measures.

Decree Law No. 60/2024 introduced the “ZES bonus” (Article 24), a contribution relief for permanent hires in the regions affected by the decontribution. This bonus applies only to the hiring of over-35s who have been unemployed for at least 24 months, between September 1, 2024, and December 31, 2025, by companies with up to 10 employees.

June 14, 2024
Personnel Administration

INAIL Provides a New Online Service for Contribution Regularity Simulation

INAIL

INAIL has launched a new online service allowing users to simulate contribution regularity with the institute. This tool, accessible via the INAIL website, is available to businesses, other insuring entities, and delegated intermediaries.

The service enables a simulation of contribution regularity from the fifteenth day before the expiry of the current DURC (Single Document of Contribution Regularity). The response reflects the contribution status two months before the document’s expiration. If no valid DURC is available, the verification is performed as of the request date, based on the contribution status two months prior.

In case of a “to be verified” result, it is possible to contact the competent INAIL office for clarification on any irregularities found. This service allows companies to anticipate and manage potential contribution issues before the DURC expires, providing greater security in managing their contribution positions.