Publications

By order no. 87 of 3 January 2024, the Italian Court of Cassation ruled on the applicability of reinstatement where the fact underlying the dismissal ordered for justified objective reasons did not exist. At the end of the three instances of proceedings, the Italian Court of Cassation upheld the appeal brought by the dismissed employee, ....

By Order no. 29101 of 19 October 2023, the Italian Supreme Court ruled on the compensation claim for damages in a “straining” case. The employee took legal action because his superior had applied towards him a “stressful” method of control, generating a heated discussion during which the employee had suffered a ischemic attack. The Court ....

In judgment no. 20239 of 14 July 2023, the Court of Cassation dealt with the issue of dismissal due to unsuccessful trial period, in a case in which the probationary period agreement was null and void. The Court ruled that workers subject to the so-called “rising protection” legislation (i.e., workers hired after 7 March 2015) ....

By order No. 12241 of 9th May, the Labour Division of the Court of Cassation decided on the validity of disciplinary termination of an employee of an IT company who had refused to further study certain operating systems and to update the programmes used by a client. In the case at hand, the judge of the ....

Poor performance consists of a failure by an employee to fulfil their principal obligation, i.e. to perform their work, and is, according to the majority legal opinion, a subjective justification for dismissal. Recently, the Court of Cassation, Labour Section, in judgment no. 1584 of 19 January ult., reiterated that, in order to legitimately dismiss an ....

To verify the existence of just cause or justified subjective reason for dismissal, the fact that a contractual breach similar to that contested against the dismissed employee, committed by another employee, and assessed differently by the employer is irrelevant. This was the Court of Cassation’s opinion, labour section, order no. 88 of 3 January 2023. ....

The Reform of the Civil Proceedings, (Italian Legislative Decree No 149 of 10 October 2022) will extend, with effect from 30 June 2023, the ‘assisted negotiation’ procedure to employment disputes. From that date the employer and employee, if assisted by lawyers or employment consultants, will be able to sign final and non-appealable conciliation minutes (in ....

The agreement reached between the parties under the assisted negotiation procedure will be incontrovertible and subject to the same stability regime for conciliation agreements signed under any “protected procedure”, under Art. 2113, fourth paragraph of the Italian Civil Code. The Reform of the Civil Process, (Legislative Decree 10 October 2022, no. 149 of 10 October ....

Contracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....

In the Court’s interpretation, the right to an allowance in lieu of untaken leave, at the end of theemployment relationship, is intrinsically linked to the right to paid annual leave In its ruling no. 21781/2022, published last 8 July, the Court of Cassation, Labour Section, ruled (along with several other issues on public employment) on ....

Diversity and inclusion represent one of the main challenges law firms have been called to fight globally, on one hand to promote the undisputable values they represent and, on the other hand, to properly bring into the work environment of the law industry one of the most important (if not the most fundamental) principles which ....

Partners and Associates of the Law Firm De Luca & Partners are proud to announce the release of the new handbook “Italian Employment and Labour Law”, edited by Wolters Kluwer, with the grant patronage of “The British Chamber of Commerce for Italy – BCCI”.  In Italy the labour and employment law environment has recently been ....

Con ordinanza 4404/2022 del 10 febbraio, la Cassazione torna a esprimersi circa i profili di legittimità del licenziamento (per giusta causa) intimato al lavoratore sul presupposto del grave inadempimento legato al rifiuto di assoggettarsi al trasferimento ad altra sede. Con l’ordinanza in commento, la Suprema Corte ha stabilito che, anche in ipotesi di trasferimento che violi l’articolo ....

With its order no. 26709 of 1 October 2021, the Court of Cassation expressed its opinion on the legitimacy of dismissals of workers who are caught carrying out activities incompatible with their medical condition, while being absent for illness. The Supreme Court ruled on the legitimacy of the dismissal for just cause of an employee ....

In a ruling dated 8 July 2021, the Court of Trento, upheld a disciplinary dismissal (for just cause) imposed on a teacher who repeatedly refused to wear a protective mask while working at school. In this case, the teacher, employed by the Autonomous Province of Trento, refused to comply with an order issued by the ....

The principle Health and safety in the workplace – worker’s obligations – refusal to wear a mask – disciplinary relevance – legitimacy of suspension from work and remuneration “Due to the tragic situation which the country and the world experienced because of the Covid-19 epidemic, imposing mask wearing on workers by [the employer], stated in ....

One of the emergency measures adopted to tackle the epidemiological emergency and prevent it from disrupting work and social life is currently the focus of a heated debate in Italy – namely, the prohibition of dismissal for justified objective reasons, introduced in Italy by the “Cura Italia” decree and subsequently extended several times. The repeated ....

The Supreme Court of Cassation, in its decision 1514/2021, published on 25 January 2021, referencing well-established principles, provides a clear overview of the production-related factors that justify dismissal for objective reasons, emphasising that once the objective reason for the work termination has been established, it is unnecessary to investigate its potentially retaliatory nature. The Court’s ....

With order 1888 dated 28 January 2020, the Court of Cassation has ruled on a case of dismissal for unlawful justified objective grounds with the consequent reinstatement in the job based on article 18 of Law No. 300/1970 (in the text prior to the amendment brought about with Law No. 92/2012). By expressing a general ....

The Court of Cassation, with judgement no. 54 filed on 3 January 2020, returned to express its position regarding the distribution of responsibilities for accident prevention obligations in limited companies. Expressing a general principle, the Court first of all pointed out that in corporations the employer’s obligations under the law relating to the prevention of ....