News & Insights

Case Law

Insights

Legitimacy of dismissals for improper use of leaves as per law 104

With judgment no. 4670 of 18 February 2019, the Court of Cassation maintained that the controls requested by the employers of an investigation agency are legitimate if the…

Insights

Riders are “hetero-organised” contractors

The Court of Appeal of Turin, with judgement No.26 filed on 11 January 2019 and published on 4 February, has partially accepted the appeal filed by 5 bike-delivery…

Insights

Refusal to transform the employment relationship from full time to part time is evidence of a “repêchage” attempt

The Court of Cassation, with judgement No. 1499 dated 21 January 2019, confirmed the principle of law according to which, concerning dismissal due to justified objective grounds, it…

Insights

Dismissal based on a future corporate transfer is unlawful

The Court of Cassation, with judgement No. 3186 of 4 February 2019, stated that dismissal based on a future corporate transfer (through merger) with consequent unification of departments,…

Insights

Unlawful dismissal: compensation after the Constitutional Court’s ruling

  The Constitutional Court’s ruling starts to take effect in proceedings involving dismissals in the context of progressive-indemnity employment contracts [‘contratti di lavoro a tutele crescenti’ in Italian].…

Insights

Privacy and disciplinary procedures: employees have the right to access their own data

With its order no. 32533, filed 14 December last, the Italian Court of Cassation established that employees, when subject to disciplinary procedures, have the right to access the…

Insights

“Overalls time” remunerable only if overalls are obligatory

With its order no. 505 of 11 January 2019, the Italian Court of Cassation established the principle that workers have the right to be remunerated for the time…

Insights

Carrying out different tasks during the probation period: in the case of withdrawal, the reintegration protection does not apply

The Labour Division of the Supreme Court of Cassation, with ruling no. 31159 published on 3 December 2018, stated that when carrying out different tasks from those established…

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Collective dismissal and selection criteria

The Labour Division of the Supreme Court of Cassation, with ruling no. 29377 dated 14 November 2018, deemed lawful, within the context of a collective dismissal - because…

Insights

When is dismissing an employee on sick leave lawful?

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave.…

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