Categories: Insights, Publications

Tag: relazioni industriali


31 Mar 2021

Cassation: company collective contract form is free unless illegal (Newsletter Norme & Tributi n. 149 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

The Cassation Court, in ruling 3542, published 11/2/2021, reiterated case law – if there is no law requiring collective contracts be written based on the freedom of form principle – a unwritten company agreement is still valid. An agreement can be made verbally or by implication. Based on freedom of form and the literal interpretation that certain contracts need a specific form, this freedom must “be found for decisive acts (…), like mutual dissent (…) or unilateral withdrawal (or termination)”.  And, such freedom is established, the party objecting to unilateral withdrawal bears the burden of proof. Thus, the objecting party must demonstrate the existence of an effective verbal cancellation and the purely confirmatory nature of a later communication. According to the Court termination can also be demonstrated by declaratory proof. It also holds that there are no legal impediments to the possibility of testimonial proof because in a labour trial the civil code testimonial proof limits for contracts do not apply and because such limits do not refer to unilateral acts.

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10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

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3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…