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Case Law

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Dismissal for sudden physical unfitness falls within the dismissal prohibition

The Court of Ravenna, in its ruling of 7 January 2021, ordered that a worker’s dismissal for sudden physical unfitness for the role falls within the cases of…

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Riders: programmed algorithm discrimination

The Court of Bologna, by order of 31 December 2020, upheld the appeal brought by three trade unions confederated to CGIL (Filt, Filcams and Nidl) against the company…

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Internal regulations: penalty clauses enforceable only if specifically accepted

The Supreme Court of Cassation, by Order no. 27422 dated 1 December 2020, established that the clauses of the national collective agreement stating that workers are required to…

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Dismissal: suspension of terms of appeal in the emergency period and appeal methods

Suspension of terms for appealing the dismissal in the emergency period Art. 6 of Italian Law no. 604/1966 states that: the dismissal, under penalty of forfeiture, must be…

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Collective dismissal and selection criteria: the Constitutional Court declares the sanctioning system’s legitimacy issues inadmissible

The Constitutional Court, with its ruling no. 254 filed on 26 November 2020, declared inadmissible the constitutional legitimacy issues raised by the Naples Court of Appeal on the…

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The validity of waivers and settlements within the employment relationship

The Supreme Court of Cassation, with its ruling no. 23385 of 23 October 2020, stated that regarding waivers and settlements, the employee's declaration may be considered as a…

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The production crisis make employee posting lawful

The Supreme Court of Cassation, by Order no. 18959/2020, confirmed that the interest in posting may also be of a non-economic or wealth nature in the strict sense,…

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Disciplinary proceedings: second thoughts and integration of oral justifications allowed

The Supreme Court of Cassation, with its ruling no. 19846/2020 underlined the need to grant the worker the possibility to fully exercise his right to defence. This right…

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The employer may request a potential employee’s criminal status certificate in the pre-hiring phase

The Supreme Court of Cassation, by Order no. 17167/2020, considered the personnel selection process that requires involved candidates to produce their criminal status certificate as lawful. Facts of…

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Precautionary appeal blocks the prescriptive time period

The Constitutional Court, with its ruling 212 of 14 October 2020 established that a worker who challenges a transfer (and other acts of the employer subject to prescriptive…

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