Categories: Insights, Case Law


29 Nov 2016

The employment requirement must be considered only with respect to the national territory

With ruling no. 19557 dated 30 September 2016, the Supreme Court stated that in the case of a foreign company with a branch office in Italy – in order to determine whether or not the size requisite for application of section 18 of Law no. 300/1970 in the event of unfair dismissal applies – only the workers employed in the national territory will be taken into account, and not the total number of employees in other countries where the Company operates. In the case in question, an employee of a Dutch company, who was dismissed for just cause, applied to the Court against its employer’s dismissal, with consequent application of the protection set forth by section 18 of the Workers’ Statute, alleging that both the workers employed in Italy and those employed in Holland in the employment base should be taken into account. Starting from two opposite positions adopted in case law, the Supreme Court reached the conclusion that even if the sub office or branch office of a foreign company does not have an independent legal status with respect to the parent-company from a corporate point of view, it is however subject to Italian law as though it had been incorporated in Italy in terms of the employment requisite. The reason for this is that section 18 of the Workers’ Statute indeed suggests territorial and national parameters. If the parent company has one or more branch offices in Italy, only the total number of employees of such branch offices should be calculated in terms of the applicability or otherwise of the actual stability regime.

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

6 Feb 2026

Pay equity and transparency: draft implementing decree presented

Italy is among the first Member States to have adopted the draft implementing legislative decree of EU Directive 2023/970, which yesterday received its initial approval from the Council…

30 Jan 2026

A conviction for stalking can justify dismissal for just cause

With Ordinance No. 32952 of 17 December 2025, the Italian Supreme Court, Labour Section, ruled that a final conviction for stalking and abuse can justify dismissal for just…

30 Jan 2026

We continue to be a Great Place to Work!

For the third consecutive year, De Luca & Partners has been awarded the prestigious Great Place to Work® certification, a significant recognition of the value we place on…

29 Jan 2026

Italian Supreme Court: Employer Monitoring and the Use of Corporate Chats for Disciplinary Purposes

Corporate chats “intended for work-related communications by employees accessing them through company accounts constitute work tools, pursuant to Article 4, paragraph 2, of Law No. 300 of 1970,…

28 Jan 2026

Anti-union conduct: the Supreme Court moves beyond formalism and focuses on substance

With order no. 789 of 14 January 2026, the Italian Supreme Court addressed the issue of anti-union conduct by employers in relation to information and consultation obligations on…

27 Jan 2026

DID YOU KNOW THAT… the use of artificial intelligence may justify a dismissal for objective justified reason?

With Judgment No. 9135 of November 19, 2025, the Labour Section of the Court of Rome held that the dismissal for objective justified reason (i.e. “giustificato motivo oggettivo”,…