Categories: Insights, Legislation · News

Tag: Dismissal, Licenziamento, Remote working, smart working


3 Jul 2025

Remote work and Italian territorial jurisdiction

By Judgment No. 315 of June 5, 2025, the Court of First Instance of Vicenza ruled that, for the purposes of territorial jurisdiction, the residence of a remote worker can only be considered relevant if it is demonstrated that a substantial and organized part of the work is carried out there on a stable basis, thereby anchoring the performance of the work to that location.

The case

The employee, working as an external sales representative, contested his dismissal by bringing the case before the court in the district of his residence – where he also used the company – provided laptop and mobile phone.

The employer responded by raising a preliminary objection, challenging the court’s territorial jurisdiction.

The judgment

The Court of first instance of Vicenza first referred to Article 413, paragraph 2 of the Italian Code of Civil Procedure, which, as is well-known, links territorial jurisdiction to three alternative criteria: namely, the district where (i) the employment relationship arose, (ii) the company or (iii) one of its branches to which the employee was assigned or where the employee performed work at the end of the employment relationship is located.

Following the Supreme Court’s previous rulings, the Court of first instance of Vicenza emphasized the need to interpret the concept of company branch broadly, in order to “make the proceedings more efficient and swift, anchoring them in locations normally closer to the employee’s residence, where the evidence necessary for the case can be more easily found” (Supreme Court judgments No. 506/2019 and No. 6458/2018).

That said, the Court of First Instance clarified that, in any case, “there must always be an objective or subjective connection between the place where the employee performs their work and the company’s organization.”

It should be considered that when remote work can be performed interchangeably from any location, without “any other element (or objective or subjective connection, as previously highlighted) emerging that would in any way characterize the employee’s residence as a company branch, in the sense described, then this criterion cannot be taken into account for determining territorial jurisdiction, leaving only the criteria of the place where the contract was concluded (…) or the office to which the employee was assigned (…).”

On this basis, the Court of First Instance of Vicenza – finding no evidence that a stable and organized portion of the employee’s fundamental work performance was carried out at his residence, so as to firmly anchor the activity to that place – upheld the employer’s objection of lack of territorial jurisdiction.

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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…