Categories: Insights, Publications

Tag: relazioni sindacali


30 Sep 2021

Compensatory damages in case of limitation of the workers’ freedom of association (Newsletter Norme & Tributi n. 153 Camera di Commercio Italo-Germanica – Vittorio De Luca, Elena Cannone)

In judgment no. 20819 of 21 July 2021, the Joint Sections of the Italian Court of Cassation in confirming the decision on the merits, ruled that the clause attached to the airline cabin crew employment contract (entitled “Termination of contract”), which was the subject of the trade union’s action, is discriminatory. The clause in question – contained in the Irish National Collective Agreement applied by the sued company to its employees – is in fact aimed at preventing temporary cessation of work and other labour-related collective activities of any nature, on pain of annulment of the contract and loss of any salary increase, indemnity or shift change benefit. According to the Court of Cassation, the workers’ freedom of association is protected both by the Italian Constitution and by the Charter of Fundamental Rights of the European Union, since it may be the subject of “personal beliefs”. Indeed, the exercise of the rights included in the workers’ freedom of association is one of the possible expressions of “personal beliefs” that cannot be a basis for discrimination. Moreover, the Joint Sections have affirmed that when the trade union acts, as in the case at hand, in its own right to protect homogeneous individual interests of general importance, it may apply for – and obtain – compensation for non-monetary loss. In view of the above, the decision whereby the company was sentenced to compensate the suing Trade Union for non-monetary loss related to anti-union behaviour has been confirmed, including as to the amount, determined by the court of appeal, on an equitable basis, in Euro 50,000.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…