News & Insights

Case Law

Insights

Milan Court of Appeals: non-competition agreement and option clause in favour of the employer

The Court of Appeals of Milan, with sentence 908 of 2 September 2019, addressed the issue of the validity of the non-competition agreement subject to the right of…

Insights

The company may not unilaterally withdraw from the National Collective Labour Agreement before its expiry date

The Court of Cassation, in judgement 21357/2019, stated that a company cannot unilaterally withdraw from the collective agreement signed by the employers' association to which it adhered before…

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Extending the lunch break beyond the deadline is more serious than absence from work

The Court of Cassation, in its judgement 21628/2019, stated that extending the lunch break beyond the time allowed and not having completed the work is more serious than…

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The company agreement signed to cope with a temporary increase in activity does not expire and can be reused

The Court of Cassation, in its judgement 21390 filed on 14 August 2019, stated that a company agreement signed to deal with a temporary increase in activity does…

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Turin Court of Appeals: determination of the compensation indemnity following the decision of the Constitutional Court

In declaring illegitimate the expulsion measure ordered to some workers, as part of a procedure of collective dismissal, the Court of Appeals of Turin, with judgement 316/2019, has…

Insights

Illegal dismissal of the employee who abstained from work during midweek holidays

The Court of Cassation, with judgement 18887 of 15 July 2019, declared illegitimate the dismissal of the worker who refused to work on a day during the week…

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The analytical predetermination of the contract’s implementation methods does not compromise its sincerity

The Court of Cassation, with order 15557/2019, ruled that a contract can be considered genuine even if it describes in great detail the tasks that the workers involved…

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When the preordained challenge against the dismissal is timely

With judgement of 14787/2019, the Court of Cassation once again handled the sensitive question of the timeliness of the disciplinary challenge with respect to the charge. In particular,…

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Just cause and circumstances used by collective agreement

The Supreme Court of Cassation, Work Section, with sentence 13534 of 20 May 2019, declared a dismissal for just cause of an employee who had reacted to being…

Insights

Collective redundancies reveal percentage of female workers

The Supreme Court of Cassation, with order no. 14254 of 24 May 2019, stated that, in the context of a collective dismissal due to staff cuts, in order…

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