Publications

Categories: Case Law, Publications

Summary 1. Regulatory framework of the employee’s right to criticize Regulatory Framework The employee’s right to criticize constitutes a specific expression of the freedom of thought guaranteed by Article 21 of the Italian Constitution, as an aspect of the individual’s moral personality that is exercised even within the employment relationship. This right also finds its ....

Categories: Case Law, Publications

Judgment no. 26170 of 25 September 2025, issued by the Italian Supreme Court – Labor Division – falls within a well-established line of case law concerning co-employment (i.e. “codatorialità”) within corporate groups. With this ruling, the Court reiterates the principles for identifying a single employer within multiple formally distinct companies that are nonetheless linked by an economic and functional connection. The decision ....

Categories: Case Law, Publications

With Order No. 27253 of October 12, 2025, the Italian Court of Cassation (Labour Section) reaffirmed that the remuneration to be paid to employees during their holiday period must be equivalent to that received during ordinary working periods. In other words, the employer must also include allowances related to the duties performed if these constitute ....

Categories: Case Law, Publications

Key principle With order no. 27132 of October 9, 2025, the Italian Supreme Court – Labor Division – ruled that a company receiving a “single inspection and notification report” (i.e “verbale unico di accertamento e notificazione”) issued by the Italian Labor Inspectorate has a legitimate interest in bringing an action to annul it, even in ....

Categories: Case Law, Publications

In its Order No. 16358 of June 17, 2025, the Italian Supreme Court addressed the topic of dismissal for just cause, clarifying the distribution of the burden of proof and the appropriate approach that courts must adopt when the dismissal is based on multiple charges. The case The case involved a disciplinary dismissal imposed by ....