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In brief

This publication features the latest Employment developments in Italy.


Contents

  1. New laws and regulations
    1. New employment regulations now in force
  2. Case law developments
    1. Redeployment of an employee to be dismissed: future positions also need to be considered
    2. Refusal to work overtime: the dismissal is lawful
    3. Reinstated employees are entitled to their previous duties

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.

Author

Massimiliano (Max) Biolchini heads the Employment practice of Baker McKenzie Italy and is a member of the steering committee of the EMEA practice group. He joined Baker McKenzie in January 1999. He became local partner in the Milan office in 2004 and partner in 2011. His practice spans all areas of labor and employment advice, commercial agency and employment litigation.

Author

Antonio Vicoli is a partner in the Employment & Compensation Practice Group of Baker McKenzie Italian offices. He is a multilingual lawyer with English proficiency. Antonio is professionally qualified under the laws of Italy and admitted to practice in Italy, enrolled with the Lawyers’ Bar of Milan.

Author

Serena Fantinelli joined Baker McKenzie as counsel in October 2015. She advises on all areas of labor, employment and employment litigation.