Categories: Insights, Publications

Tag: relazioni sindacali


30 Sep 2021

Compensatory damages in case of limitation of the workers’ freedom of association (Newsletter Norme & Tributi n. 153 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew employment contract (entitled “Termination of contract”), which was the subject of the trade union’s action, is discriminatory. The clause in question – contained in the Irish National Collective Agreement applied by the sued company to its employees – is in fact aimed at preventing temporary cessation of work and other labour-related collective activities of any nature, on pain of annulment of the contract and loss of any salary increase, indemnity or shift change benefit. According to the Court of Cassation, the workers’ freedom of association is protected both by the Italian Constitution and by the Charter of Fundamental Rights of the European Union, since it may be the subject of “personal beliefs”. Indeed, the exercise of the rights included in the workers’ freedom of association is one of the possible expressions of “personal beliefs” that cannot be a basis for discrimination. Moreover, the Joint Sections have affirmed that when the trade union acts, as in the case at hand, in its own right to protect homogeneous individual interests of general importance, it may apply for – and obtain – compensation for non-monetary loss. In view of the above, the decision whereby the company was sentenced to compensate the suing Trade Union for non-monetary loss related to anti-union behaviour has been confirmed, including as to the amount, determined by the court of appeal, on an equitable basis, in Euro 50,000.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

16 Jun 2026

De Luca & Partners celebrates 50 years of excellence in employment law

In 2026, De Luca & Partners marks an extraordinary milestone: its 50th anniversary. For half a century, the Firm has stood alongside businesses, guiding them through the evolution…

8 Jun 2026

The employee’s systematic lateness may justify dismissal for just cause (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

With Order No. 13722 of 11 May 2026, the Labour Section of the Italian Supreme Court of Cassation (Corte di Cassazione) held that an employee’s repeated lateness, resulting…

4 Jun 2026

Webinar “Pay Transparency Has Arrived: the revolution in compensation between new obligations for companies and new rights for workers” – HR Virtual Breakfast

During our webinar “Pay Transparency Has Arrived: the Revolution in Compensation Between New Obligations for Companies and New Rights for Workers”, the speakers Claudia Cerbone, Managing Associate, and…

29 May 2026

Notification of dismissal: ordinary e-mail is sufficient if the employee has knowledge of it

With the recent order no. 13731 of May 11, 2026, the Court of Cassation ruled on the validity and effectiveness of a dismissal notification sent via e-mail. The…

29 May 2026

Did you know that… the so-called “1 May Decree” introduces new measures concerning fair pay, employment incentives, and work performed through digital platforms? 

The Official Gazette has published Decree-Law No. 62 of 30 April 2026, entitled “Urgent Provisions on Fair Pay, Employment Incentives and the Fight Against Digital Labour Exploitation”, which…

29 May 2026

Video-surveillance and data protection: the Italian Data Protection Authority reaffirms transparency obligations

With Decision No. 167/2026 of 12 March 2026, the Italian Data Protection Authority (“Garante per la protezione dei dati personali”) once again addressed the issue of video surveillance,…