Categories: Insights

25 May 2010

Unlawful temporary lay-off without the previous communication to the trade unions (Court of cassation, labour section, n. 11254/2010)

The labour section of the Court of Cassation stated that the company communication concerning the reduction of the work activity is not enough to trigger temporary lay off of the workforce. The employer, in fact, may give to trade unions the chance to assess previously, to agree on the election criteria of the employees to lay off and to check the possibility to apply the so called “turnover” of employees suspended from working. In case of lack of this requirement, the employees hit from such measure could obtain the reinstatement of the employment relationship and the payment of the full and not integrated wage. For the Supreme Court, the aforementioned discipline is aimed to the tutelage both of collective and public interests, and of those one of the employees whom may be guaranteed the same treatment.
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20 May 2026

Webinar “May 1st Decree: Key Updates and what’s New” –  HR Coffee with De Luca & Partners

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12 May 2026

Legitimate dismissal for false attendance reporting and misuse of access system data (Camera di Commercio Francese in Italia – Vittorio De Luca, Silvia Zulato)

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27 Apr 2026

Management of corporate email after termination of employment: the Italian Data Protection Authority extends the right of access to all emails in the individual email account 

“An employee may access the messages in their corporate email account and the documents stored on their computer after the termination of employment. Any limitations must be justified by specific…

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27 Apr 2026

Unemployment benefits and resignation following transfer beyond 50 km: distance alone is not sufficient, employer’s breach must be proven  

With order no. 10559 of 21 April 2026, the Italian Supreme Court addressed the issue of unemployment benefits (i.e. “NASpI”) in the context of resignations for just cause following…

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27 Apr 2026

DID YOU KNOW THAT… the probationary period clause is null and void if the duties are described in generic terms? 

The Court of Milan, with judgment no. 683 of 3 April 2026, reaffirmed that a probationary clause (i.e. “patto di prova”) is valid only if it contains a specific indication of the duties subject to…

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