DLP Insights

The termination clause in the agency agreement.

08 Jan 2016

The Labour Section of the Court of Appeal of Milan, with its first-time ruling n. 218/2013, complied with the most recent case law of legality, which has changed its approach in the light of multiple changes to legislation made due to the effect of EU rights on internal regulations regarding rights to be recognised to the agent in the event of termination of a contractual relationship. In particular, the Court of Appeal stressed that “in the event of recourse by the proposing firm to an express termination clause, the same may be considered legitimate only if it does not justify a termination without notice in concrete situations and with procedures in accordance with law or collective employment agreements not legitimising a termination for just cause, while as regards giving substance to the just cause itself, the judge must, nevertheless, verify (…) whether there exists a default of the agent giving rise to just cause for termination”.

Italian Court of Cassation: second dismissal lawful pending judgment on the first

30 Jan 2024

In its very recent judgment no. 2274 of 23 January 2024, the Italian Court of Cassation ruled that it is lawful for an employer to give notice of a second dismissal pending a judgment concerning a previous dismissal based on different grounds. However, the second dismissal has no effect if the first dismissal is declared ....

Liability under Italian Legislative Decree no. 231/2001: obtaining minimal advantage does not exempt the employer

29 Dec 2023

With judgment no. 39129 of 26 September 2023, the Italian Court of Cassation, Third Criminal Division addressed the issue of corporate administrative liability under Italian Legislative Decree no. 231/2001, stating that “corporate administrative liability is not excluded in the light of the minimal advantage or the insignificance of the interest pursued.” The facts of the ....

Dismissal to reduce costs: what does the employer need to prove?

29 Dec 2023

With Order no. 31660 of 14 November 2023, the Italian Court of Cassation ruled that, when dismissal for justified objective reason (giustificato motivo oggettivo, ‘GMO’) is to reduce costs, the burden is on the employer to indicate the reasons why the particular worker has been chosen. The facts of the case The employee appealed the ....

Italian Court of Cassation: assessment of CCNL job descriptions essential for repêchage (obligation to relocate)

28 Nov 2023

By Order of 13 November 2023, no. 31561, the Italian Court of Cassation ruled that, to fully comply with the repêchage obligation (obligation to relocate), it is necessary to assess whether hires made following the termination for justified objective reasons are of the same level of classification as the dismissed employee. The facts of the ....