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Case Law

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Protected period: excluding quarantine and later voluntary homestay period due to Covid-19 infection

The Court of Asti, with the order of 5 January 2022, ruled that the quarantine period (as per art. 26, paragraph 1, Decree Law 18/2020 applicable ratione temporis)…

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Court of Milan: the ban on dismissals applies to executives

With ruling no. 2629 of 10 November 2021, the Court of Milan considers that the dismissal prohibition introduced by the emergency legislation applies to executives. Facts of the…

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Riders: any relationship termination is subject to the rules on collective dismissals

In its ruling no. 376 of last 23 November, The Court of Florence declared the unilateral terminations made by a digital platform of home food deliveries (the "Company")…

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Exceeding the protected period: the Company does not have to inform the employee

With its order no. 30478 of 28 October 2021, the Court of Cassation ruled that the employer is not obliged to warn the employee who cannot work about the…

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Leave under Law 104: legitimate if there is a direct link between absence from work and assistance to a family member

With its order no. 28606/2021, the Court of Cassation returned to the issue of leave under Law no. 104/1992, stating that the requesting employee must guarantee continuous and…

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Controls: company information found on former employee’s company PC can be used

With its ruling no. 33809 of 12 November 2021, the Court of Cassation stated that an employee who deletes or transfers company data outside is engaging in disciplinary…

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The Court of Cassation rules on business branch transfers

The Court of Cassation, in ruling no. 29919 of 25 October 2021, clarified that a business branch transfer under Art. 2112 of the Italian Civil Code, is when…

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Dismissal for just cause: monitoring the company chat without adequate information is unlawful

The Court of Cassation, with its ruling no. 25731 of 22 September 2021, stated that, in the absence of prior information under Article 4, para. 3, of Law…

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Resignation: Waiver of notice by the employer annuls the executive’s right to the relevant payment in lieu of notice

With its order no. 27934 of 13 October 2021, The Court of Cassation ruled that the employer's waiver of the resigning employee's notice period removes any obligation to…

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Risks on the web and misuse of the company PC: yes to a dismissal of the employee

The Court of Venezia, in its ruling no. 494/2021, stated that a company that suffered a cyber-attack and was forced to pay a ransom to recover stolen data…

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