NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit
Headnote In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…
Case Law
Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold
Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…
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…
The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 March 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…