News & Insights

Case Law

Insights

The employer can unilaterally interrupt the payment of meal vouchers

With order no. 16135 of 28 July 2020, The Court of Cassation stated that meal vouchers were not remunerative and that their issue may be unilaterally interrupted by…

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“Mitigated” reinstatement protection if there is no objective reason for dismissal

The Court of Cassation, with its ruling no. 16253 of 29 July 2020, expressed its opinion on the applicability of the "mitigated" reinstatement protection (with employment re-establishment and…

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Unlawful company transfer and “double remuneration”

The Court of Trent, with its ruling no. 86 of 2020, re-examined the issue of so-called “double remuneration” of workers whose employment changes hands due to a company…

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Court of Justice of the European Union – 16 July 2020 Ruling – Case C-658/18

The Court of Justice of the European Union, with its judgement of 16 July 2020 ruled on case C-610/18, and established that the actual “employer” should be considered…

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Covid-19 Committee in each single local unit: breaching the health and safety protocols constitutes an anti-union behaviour

With an order dated 1 July 2020, the Court of Treviso has stressed that the setting up of the internal Committee pursuant to article 13 of the Shared…

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Remote working: also for parents with children younger than 14 years old the right is not unconditional

Within the scope of urgent preliminary ruling procedures, the Court of Mantua, with order No. 1054 of 26 June 2020, ruled for the very first time on the…

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Within the scope of private-law agreements, the principle of ensuring equality of pay and/or of classification to all employees fulfilling the same duties does not exist

With judgment dated 17 July 2020, the Court of Florence has ruled that “article 36 of the Constitution limits itself to establish the principle of sufficiency and adequacy…

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Probationary period agreement: duration longer than that cited in NCA, admissibility and conditions

The Court of Cassation, with its ordinance no. 9789 of 26 May 2020, stated that the clause of the individual contract establishing a probationary period agreement longer than…

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The scope and limitations of non-competition clauses

The Court of Cassation, with its ordinance no. 9790 of 26 May 2020, took the opportunity to return to express an opinion on the legal grounds of the…

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Occupational injuries: Employer liability is not automatic

The Court of Cassation, with its ordinance no. 10404 of 1 June 2020, in line with a consolidated orientation, expressed the principle based on which Inial’s recognition of…

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