Insights

With Order No. 42802 of December 20, 2023, the Italian Supreme Court – Labour Section – clarified that the employee’s right to abstain from work on midweek holidays, although recognized under Italian law, is neither absolute nor non-negotiable, and can validly be regulated by collective bargaining agreements. In the case at hand, some employees engaged ....

With Judgment No. 25167 of July 9, 2025, the Italian Supreme Court – Third Criminal Division – reiterated that, in order to establish the criminal offense of fraudulent tax return through the use of invoices for non-existent transactions (Article 2, Legislative Decree No. 74/2000), it is necessary to verify not only the awareness of the ....

By Order No. 15987 of 2025, the Italian Supreme Court – Labour Section – reaffirmed the strict application of Article 1335 of the Civil Code, establishing that the presumption of knowledge of “legal notices” (i.e. “atti recettizi”) cannot be rebutted by subjective obstacles, even when the recipient is in a vulnerable physical or mental condition ....

With order no. 11765 of May 5, 2025, the Italian Supreme Court ruled that a non-compete agreement is null and void when it imposes excessively broad territorial restrictions and offers only minimal compensation—resulting in an unjustified and disproportionate limitation on the employee’s right to work and earn a living.  In the case at hand, a ....

With ruling no. 7615 of April 15, 2025, the Italian Supreme Court confirmed the legitimacy of the dismissal of an employee who had exceeded the maximum period of sick leave (i.e. “periodo di comporto” – the maximum duration of illness-related absence beyond which the employment relationship may be lawfully terminated), despite the employer’s earlier refusal ....