News & Insights

Case Law

Insights

Collective dismissal: possibility of limiting the procedure to certain offices only

The Court of Cassation, in its ruling of 6 May 2021, no. 12040, declared that it was legitimate to limit the scope of a collective dismissal procedure to…

Insights

Company Transfer: the transferred employee is subject to the supplementary company bargaining agreement of the transferee and not the transferor

The Court of Cassation, in ruling no. 7221 of 15 March 2021, confirmed the legal principle according to which the Company's supplementary contract, and the right recognised to…

Insights

Termination during the probationary period is null during dismissal prohibition if based on a need to reduce costs

In its 25 March 2021 ruling, The Court of Rome, declared the termination of employment during the probationary period, null and void because it was contrary to the…

Insights

Revirement of the Court of Rome: dismissal prohibition does not apply to executives

The Court of Rome, in its ruling no. 3605 of 19 April, 2021, ruled on the application of the dismissal prohibition, provided for by art. 46 of the…

Insights

There is no violation of the repêchage obligation if the employee does not want to transfer to another office

The Court of Cassation, in its ruling of 16 March 2021, no. 7360, established that where the employee dismissed for justified objective reasons had made themselves available for…

Insights

Complicity between unlawful agency temporary employment and fraudulent tax return through false invoices

The Cassation Court, in ruling no. 8809 of 4 March 2021, confirmed that an invoice bearing the performance of a provision of services for a contract which, de…

Insights

Invalid dismissal notified during COVID ban on dismissals

The Court of Mantua, in its ruling no. 112, filed on 11 November 2020, declared the absolute nullity of dismissal for justified objective reason with consequent applicability of…

Insights

Agency relations: legitimate withdrawal for just cause

The Cassation Court, in ruling no. 6915 published on 11 March 2021 ruled on the applicability of withdrawal for just cause from agency contracts as contained in art.…

Insights

Redundancy Fund: failure to inform the trade unions in advance of the criteria to identify workers and rotation methods is unlawful

The Court of Cassation, with its order no. 2289 of 2 February 2021, declared the failure to inform the trade unions in advance of the criteria to identify…

Insights

Protection for anti-union conduct does not apply to riders

The Court of Florence, in a decree published on 9 February 2021, noted that the legitimacy to bring proceedings for the repression of anti-union conduct provided for by…

Subscribe to our newsletter

Stay in touch with De Luca & Partners

Sign up to receive the latest news and gain privileged access to our studio's resources.