In the final days of the particularly tense campaign leading up to the parliamentary election in Italy, politicians from all sides of the political spectrum made bold proclamations on a variety of topics; for the most part, this was predictable and inevitable. Nevertheless, it was surprising to read the statements made by two former labour
Italy
The New Covid Decree (Decree Law no. 24/2022)
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Will COVID-19 vaccinations become mandatory for employees in Italy?
Italy’s COVID-19 vaccination programme is underway, with health care workers and staff in care facilities at the front of the queue. According to a recent report published by the Health Ministry, more than 1 million people received the inoculation in the first two weeks of the nationwide vaccination campaign. This makes Italy one of the…
More uncertainty follows the Italian Constitutional Court’s partial repeal of the Jobs Act
Thanks to the passage of the Dignity Decree by the Italian Parliament last summer and the recent decision of Italy’s Constitutional Court, the employment law regime in Italy has changed direction. The problem is that the direction it has taken is uncertain, creating concern both for employers and employees. The current situation is that parts of the Jobs Act – the major employment law reform in Italy that came into force in 2014/2015 – have been struck down either by the new legislation or by the court decision and in certain areas a legal vacuum has been created. To fill the void, a political solution may be required.
As noted in my last Blog entry of 2018 (See Italian Constitutional Court partially repeals Jobs Act rules – What’s next? Link), the Italian Constitutional Court handed down a major decision that declared unconstitutional the compensation rules set out in the Jobs Act for claims of unlawful dismissal on the grounds that these rules were not in line with the principles of “reasonableness and equality” and that they were in conflict with the concept of “protection of work” as granted by articles 4 and 35 of the Italian Constitution.