Court of Cassation: disciplinary code is not necessary for serious breaches

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on health and safety matters, with particular reference to the exceptional context of the Covid-19 pandemic emergency. Facts of the case The dispute originated from an action brought ....

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 ....

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 ....

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 ....