The Court of Cassation, with sentence no. 11250/2010, pointed out that the posting of the disciplinary code has to be considered a basic requirement only for the lawfulness of dismissals exclusively related to violations of directions corresponding to a specific need of the company. At the same time, the Court specified that the posting has not to be considered compulsory should a dismissal be connected to violations of duties set forth by law or arising from the common ethic background of any honest person, or, again, refer to breaches of general obligations deriving from an employment relationship.
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 ....
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 ....
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 ....
Analysis and Implications of Constitutional Court Ruling No. 111/2025, Which Also Introduces a New Factual Variable in Dismissal Litigation: the Employee’s Psycho-Physical Health Status With ruling No. 111/2025, filed on 18 July 2025, the Constitutional Court delivered a significant decision in labor law, declaring the partial constitutional illegitimacy of Article 6, first paragraph, of Law ....