Oral dismissal: the burden of proof on the employee
With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…
Case Law
The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)
With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…
Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance
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…
The limits to an employee’s right to criticize (Modulo 24 Contenzioso Lavoro – Vittorio De Luca, Alessandra Zilla)
Summary Regulatory framework of the employee’s right to criticize Case law limitations on the right to criticize Consequences of exceeding these limits: disciplinary aspects The right to criticize…
Corporate groups and joint employer liability: the conditions for co-employment even in the absence of fraudulent intent
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…
The Italian Court of Cassation reaffirms the obligation to include all ordinary components of remuneration in holiday pay (Camera di Commercio Italo-Francese – Vittorio De Luca, Silvia Zulato)
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…
The Italian Supreme Court allows a negative declaratory action against an inspection report
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…
Dismissal for just cause: independent relevance of each charge
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…
Challenging Dismissal and the Employee’s Natural Incapacity (Modulo 24 Contenzioso Lavoro, August 5, 2025 – Vittorio De Luca, Alessandra Zilla)
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,…
The relevance of extralaborative behaviour as ‘just cause’ for dismissal (Modulo 24 Contenzioso Lavoro of Il Sole 24 Ore, 5 March 2025 – Vittorio De Luca, Alessandra Zilla)
The negative implications of criminally unlawful acts on the proper execution of work performance, in compliance with the employee's obligations, constitute just cause for dismissal. The Supreme Court,…