News & Insights

Case Law

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights, News

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…

Insights

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…

Insights, News

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,…

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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,…

Insights, News

Abuse of 104/92 leave: burden of proof in case of dismissal (Modulo 24 Contenzioso Lavoro de Il Sole 24 Ore, 6 February2025 – Vittorio De Luca)

Article 33 of Law 104/1992 regulates paid leave ‘for the assistance, social integration and rights of disabled persons’. These permits consist in the possibility for public or private,…

Insights, News

Dismissal for just cause without disciplinary contestation: reinstatement also in small companies

In its decision no. 10104 of 12 October 2024, the Court of Rome ruled that in the case of a disciplinary dismissal without prior notice, there is not…

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