What changed
2026-08-05 17:56 UTC → 2026-08-30 03:53 UTC ·
added
removed
On 28 July 2026 Italy’s Court of Cassation ruled that automatic corporate penalties under Legislative Decree 231/2001 can be applied only with clear evidence of managerial fault, and it broadened the night‑shift exemption for caregivers under Law 104, allowing refusal without a “gravity” assessment. On 16 In June 2026 2026, the Italian Court of Cassation issued ordinance No. 20229/2026 confirming 20229/2026, overturning the “serious disability” requirement in Article 3, paragraph 3 of Law 104. The ruling confirms that employees who care caring for a disabled family member may decline night‑shift night-shift assignments regardless of the relative’s level of disability, overturning provided the previous “serious disability” requirement in Article 3, paragraph 3 of disability is recognized under Law 104. The 104/1992. This decision clarifies that prevents employers from using organizational needs to deny exemptions to caregivers of family members with non-severe disabilities. On 28 July 2026, the exemption applies whenever a worker has Court of Cassation further ruled that automatic corporate penalties under Legislative Decree 231/2001 require clear evidence of managerial fault. Convictions now necessitate proof that a disabled person managerial error directly caused an injury and resulted in care, affecting scheduling practices across Italian firms. Three days later, on a concrete economic benefit for the firm. On 31 July 2026 2026, the National Labour Inspectorate released Note 950/2026 stating 950/2026, clarifying that caregivers may take up to two years of extraordinary leave under article 42, paragraph 5 of Legislative Decree 151/2001, provided they obtain 151/2001. While the choice of leave days belongs to the worker, the note emphasizes that obtaining INPS authorization and notify providing advance notification to the employer in advance. The note cites the Cassation rulings and emphasizes procedural compliance are mandatory to preserve job protection. protection, citing a case where a worker was dismissed for failing to inform their employer.